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Arbitration agreement

Matched in: Term Arbitration agreement

Conciliation

empowered to register 'conciliation boards' for a similar purpose. The Conciliation Act repealed the (English) Masters and Workmen (Arbitration) Act, 1824, the (English) Councils of Conciliation Act, 1867, and the (English) Arbitration (Masters and Workmen) Act, 1872, the

In a reference

In a reference, The phrase 'in a reference' in s. 31(4) of the Arbitration Act, 1940, is comprehensive enough to cover an application first made after the arbitration is completed and a final … 14 of the Act, Kumbha Mawaji v. Union of India AIR 1953 SC 313 (318): (1953) SCR 878 [Arbitration Act, 1940, s. 31(4) and 34]

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Dispute

1988 SC 1007 (1009): (1988) 2 SCC 338. Once such a claim is made prior to invocation of arbitration, it becomes a dispute, McDermott International Inc. v. Burn Standard Co. Ltd., 2006 (2) RAJ 661. [Arbitration and … becomes a dispute, McDermott International Inc. v. Burn Standard Co. Ltd., 2006 (2) RAJ 661. [Arbitration and Conciliation Act, 1996, ss. 8, 11, 34] Raised is without laying any basis or placing on record any evidence in

Notice

or informal notice, Nilkanta Sidramappa Ningashetti v. Kashinath Somanna Ningashetti, AIR 1962 SC 666: (1962) 2 SCR 557. [Arbitration Act, 1940, s. 14(2)] Notice the word 'notice' denotes merely an intimation to the party concerned of a particular … starts limitation, Parasramka Commercial Co. v. Union of India, (1969) 2 SCC 694 AIR 1970 SC 1654 (1656). [Arbitration Act (10 of 1940), s. 14(1)] Notice the term 'notice' is originated from the Latin word 'notifia' which means

Misconduct

to serve, M.M. Malhotra v. Union of India, AIR 2006 SC 80. Misconduct under s. 30(a) of the Arbitration Act, 1940 has not a connotation of moral lapse. It comprises legal misconduct which is complete if the Arbitrator … and fair decision, K.P. Poulose v. State of Kerala, AIR 1975 SC 1259 (1261): (1975) 2 SCC 236. [Arbitration Act, 1940, s. 30(9)] (ii) If a servant conducts himself in a way inconsistent with due and faithful discharge

Taking any other step in the proceeding

v. Yadav Engineer & Contractor, AIR 1982 SC 1302 (1309): (1982) 2 SCC 499: (1983) 1 SCR 95. (Arbitration Act, 1940, s. 34)

In relation to arbitral proceedings

85(2)(a)] In relation to arbitral proceedings, cannot be given a narrow meaning to mean only pendency of the arbitration proceedings before the arbitrator, Thyssen Stahlunion GmBH v. Steel Authority of India Ltd., (1999) 9 SCC 334. … cover the proceedings before the court and any proceedings which are required to be taken under the old Act for the award becoming a decree under s. 17 thereof and also appeal arising thereunder, N.S. Nayak v.

Without prejudice

arbitration clause, Tarapore and Co. v. Cochin Shipyard Ltd., AIR 1984 SC 1072 (1087): (1984) 2 SCC 680. (Arbitration Act, 1940, ss. 33, 30) Means 'where an offer or admission is made without prejudice', or a motion is

Spielberg Doctrine

regarding a contract dispute if the arbitrator's decision was not repugnant to the National Labor Relations Act, the arbitration proceedings provided a hearing as fair as would have been provided before the NLRB, and the contract required

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