Back
| Table of Content |
|---|
| 1. jurisdiction of high court under arbitration act (Para 1) |
| 2. challenge to dismissal of arbitration award (Para 2 , 5 , 6) |
| 3. contract fulfillment and arbitration agreement (Para 3 , 4) |
| 4. authority to execute government contracts (Para 7 , 8 , 9) |
| 5. party status in arbitration context (Para 10 , 11 , 12) |
| 6. curative irregularities in filing applications (Para 13) |
| 7. appeal allowed, matter remanded for merits (Para 14) |
JUDGMENT :
Sanjeev Kumar, J.
1. Instant appeal filed by the Union of India under Section 37 of the Jammu & Kashmir Arbitration and Conciliation Act, 1997 [“the Act of 1997”] arises out of an order dated 19th April, 2022 passed by a learned Single Judge of this Court in AA No.31/2012 titled Union of India and another v. M/s Des Raj Nagpal, whereby the learned Single Judge has dismissed the application of the appellants filed under Section 34 of the Act of 1997 to challenge an award dated 21st June, 2012 published by the Sole Arbitrator, namely Baljit Singh Chief Engineer (QS&C) in case titled M/s Des Raj Nagpal v. Union of India and others. The application of the appellants has been rejected by the learned Single Judge primarily on the ground that the Garriso
The court established that an authorized officer of the Union of India can file an appeal under the Jammu & Kashmir Arbitration and Conciliation Act, 1997, regardless of who signed the arbitration ag....
The doctrine of privity of contract applies, and a third party has no standing to challenge an arbitral award under Section 34 of the Arbitration & Conciliation Act.
The court may appoint an alternative arbitrator if the designated arbitrator is biased, ensuring fair arbitration under the Indian Arbitration Act.
(1) Arbitration Act is a code in itself. Arbitration Act itself gives various procedures and Fora to challenge appointment of Arbitrator.(2) A legislative enactment cannot curtail a Constitutional ri....
Contract entered into in name of President of India, cannot and will not create immunity against application of any statutory prescription imposing conditions on parties to agreement when Government ....
Appointment of arbitrator by designation is permissible. Arbitration clauses in government contracts providing that an employee of the department will be the sole arbitrator are neither void nor unen....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
