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Green Tree Financial Corp.-alA. Vs. Randolph

Court : US Supreme Court

Subject : Arbitration

"steep" arbitration costs. Held: 1. Where, as here, the District Court has ordered the parties to proceed to arbitration, and dismissed all the claims before it, the decision is "final" under § 16(a)(3), and therefore appealable. The term … costs of her default and also provided that all disputes under the contract would be resolved by binding arbitration. Randolph later sued petitioners, alleging that they violated the Truth in Lending Act (TILA) by failing to disclose

Stolt-nielsen S. A. Vs. Animalfeeds Int’l Corp.

Court : US Supreme Court

Subject : Arbitration

of the questions of what standard the appropriate decisionmaker should apply in determining whether a contract allows class arbitration, and whether, under whatever standard is appropriate, class arbitration had been properly ordered in the case at hand. Pp. … contract known in the maritime trade as a charter party. The charter party that AnimalFeeds uses contains an arbitration clause. AnimalFeeds brought a class action antitrust suit against petitioners for price fixing, and that suit was consolidated

Lmj International Ltd. Vs. Sleepwell Industries Co. Ltd. and Anr.

Court : Kolkata

Subject : Arbitration

during the enforcement of the foreign award, the plaintiff has filed an application under Section 48 of the Arbitration and Conciliation Act, 1996 objecting to the enforceability of the said foreign award. The applicant/defendant No.1 contends that since a … under the contract are to be resolved in London in accordance with the GAFTA Rules, 125 and the Arbitration and Conciliation Act, 1996 (United Kingdom) and in view thereof, the jurisdiction of this Court as a civil court is

M.H. Tejani Vs. Kulsumbai M. Jetha

Court : Mumbai

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 2, 5, 12(2), 19, 25 and 39(1)

Reported in : AIR1967Bom300; (1966)68BOMLR809

but I am without it.'The letter requested the respondent to send the draft agreement to proceed with the arbitration and stated that Mr. B. J. Kapadia was ready and willing to act as the petitioner's advocate and to … June 1959 with effect from the 14th of July 1959. clause 13 of the partnership agreement provided for arbitration of the disputes between the parties. By a letter dated the 22nd of january 1960 the respondent appointed

Societe De Traction Et D'electricite Societe Anonyme Vs. Kamani Engine ...

Court : Supreme Court of India

Subject : Arbitration

Acts : Indian Companies Act, 1956 - Sections 389 and 494; Arbitration Act, 1940 - Sections 34, 46 and 47; Arbitration (Protocol and Convention) Act, 1937 - Sections 3

Reported in : AIR1964SC558; (1964)66BOMLR392; [1963]33CompCas869(SC); [1964]3SCR116

the agreement during the period of the agreement or thereafter shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the … the award when made shall be enforceable at law, or which in the opinion of the Court of Arbitration and the arbitrator, it is desirable to specify. Article 20 deals with the hearing of the case by the

Renusagar Power Co. Ltd. Vs. General Electric Company and anr.

Court : Supreme Court of India

Subject : Arbitration

Acts : Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3; Arbitration Act, 1940 - Sections 34

Reported in : AIR1985SC1156; (1984)3CompLJ110(SC); 1984(2)SCALE321; (1984)4SCC679; [1985]1SCR432; MANU/SC/0001/1984

has clarified this position while dealing with Rules 3 and 4 of Article 13 of the Rules of Conciliation and Arbitration framed by the International Chamber of Commerce under which the arbitrators were clothed with a power … being whether or not the bills should be paid having regard to the cross-claim to be decided in arbitration and the latter holding that there was none as English law clearly did not allow reliance on unliquidated cross-claims

Shin-etsu Chemical Co. Ltd. Vs. Aksh Optifibre Ltd. and anr.

Court : Supreme Court of India

Subject : Arbitration

Acts : Indian Arbitration and Conciliation Act, 1996 - Sections 5, 8, 8(1), 8(3), 44 to 52 and 85; Foreign Awards Act, 1961 - Sections 3; Arbitration Act, 1940 - Sections 34; Code of Civil Procedure (CPC) , 1908; High Court Ordinance - Sections 14; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3; Constitution of India - Article 227; Foreign Awards (Amendment) Act, 1973

Reported in : AIR2005SC3766; 2005(3)ARBLR1(SC); 2005(4)AWC3851(SC); [2005]127CompCas97(SC); 2005(4)CTC297; JT2005(7)SC426; (2005)4MLJ84(SC); (2005)7SCC234; 2005(2)LC1277(SC)

issue in this case is: Whether the finding of the court made under Section 45 of the Indian Arbitration and Conciliation Act 1996 ('the Act') that the arbitration agreement, falling within the definition of Section 44 of the Act, … (Editor : Separate Dissenting Judgement of Y.K. Sabharwal, J.)54. Leave granted.55. The interpretation of Section 45 of the Arbitration and Conciliation Act, 1996 (for short 'the Act') falls for determination in this matter. Section 45 is as under:'45. Power

Jagdish Chander Vs. Ramesh Chander and ors.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 7, 7(1), 7(2), 7(3), 7(4), 11, 11(5) and 11(6); Arbitration Act, 1940; Code of Civil Procedure (CPC) - Sections 89

Reported in : 2007(2)ARBLR302(SC); 2007(3)AWC2402(SC); (2007)3CompLJ191(SC); JT2007(6)SC375; (2007)6MLJ317(SC); (2007)147PLR18; 2007(6)SCALE325; [2007]80SCL149(SC)

High Court of Delhi, allowing Arbitration Application No.284 of 1997 filed under Section 11(5) and (6) of the Arbitration and Conciliation Act, 1996 ('the Act' for short).2. The appellant and first respondent entered into a Partnership as per deed … respective costs. Arbitration - Reference of dispute to arbitration - Existence of arbitration clause - Section 7 of Arbitration and Conciliation Act, 1996 - Appellant and respondent entered into partnership - Respondent filed application for appointment of arbitrator -

Visa International Ltd. Vs. Continental Resources (Usa) Ltd.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 7, 11, 11(2), 11(5), 11(6), 11(9), 19, 20(1), 20(2), 23, 24, 25, 26, 27, 30, 61, 62, 67 and 73; Arbitration and Conciliation Rules; Code of Civil Procedure (CPC)

Reported in : AIR2009SC1366; 2008(4)ARBLR539(SC); 2009(4)AWC3896(SC); 2009BusLR89(SC); 2008(15)SCALE497; (2009)2SCC55; 2009(1)LC331(SC):2009AIRSCW791

B. Sudershan Reddy, J.1. This application under Sub-section (5) and (9) of Section 11 of the Arbitration and Conciliation Act, 1996 (for short 'the Act') has been filed with a prayer to appoint an Arbitrator in terms … those circumstances the present application has been filed by the applicant under Section 11(5) & (9) of the Arbitration and Conciliation Act, 1996.8. The respondent admits the execution of the said MOU as well as the agreement dated 15.2.2005

Union of India Vs. Bharat Engineering Corporation

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 2

Reported in : ILR1977Delhi57; 1977RLR499

claim of the Railway. So, by this circuitous method, the Railway's claim will, none the less, have reached arbitration, and the promise that it cannot be referred stands refuted. (12) Finding the various parts of the arbitration clause … was awarded to other firm at the 'risk and cost' of the contractor. (3) As there was an arbitration clause in the contract, a petition under section 20 of the Arbitration Act 1940 was moved by the