Indian Arbitration Act - Law Dictionary Search Results
Umpire
decide a controversy or question submitted to arbitrators in case of their disagreement, AIR 1966 MP 177 (182). (Arbitration Act, 1940, s. 9) Umpire, is a person who is to decide upon disagree-ment, Louis, Dreyfus & Co. v.
In respect of any matter be referred to the arbitra-tion
the phrase 'in respect of any matter agreed to be referred to the arbitration' in s. 3 of Arbitration Act, 1940 cannot be narrowly construed as covering only the disputes or claims on merits which have been referred
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
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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 … behaviour; unlawful behaviour, wilful in character; forbidden act, a transgression of established and definite rule of action or code of conduct but not mere error of judgment, carelessness or negligence in performance of the duty; the act
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)
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
Convention award
territory of a state, other than the United Kingdom, which is a party to the New York (Convention: Arbitration Act, 1975, s. 7(1) (UK) Halsbury's Laws of England, Vol. 2, para 715, p. 418.
In the usual manner
according to the habi-tual form of arbitration adopted in fact. It does not mean, in accordance with the Arbitration Act, Bright & Bros v. Gibson & Co., (1916) 32 TLR 533.
Account or Accompt
XXXIII., rr. 2-9. By the (English) Judicature Act, 1925, see ss. 88-97, repeating s. 14 of the (English) Arbitration Act, 1889, in any cause or matter (other than a criminal proceeding by the Crown) if the question in … trial before a referee agreed upon, or an official referee. The Statute of Limitations cannot be pleaded in bar to an open account, unless all accounts have ceased above six years. see the (English) Mercantile Law Amendment
Interest
Chatham & Dover Rail Co. v. South Eastern Rail Co., 1893 AC 429. Judgments and, under the (English) Arbitration Act, 1934 (24 & 25 Geo. 5, c. 14), s. 11, sums due under arbitrators' awards carry interest at … in paying the tax on the due date. Essentially, it is compensatory and different from penalty which is penal in character, Pratibha Processors v. Union of India, AIR 1997 SC 138: (1996) 11 SCC 101. As observed
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