What is Section 17 of the arbitration Act?
Asked by: Dejon Harris | Last update: September 3, 2023Score: 4.5/5 (16 votes)
This Arbitration Tribunal has been conferred powers under Section 17 of the Act to pass interim orders during the arbitral proceedings. Appointment of guardian for a party suffering from any legal disability. The subject matter is to be when preserved, kept in interim custody, or had to be sold.
What is the difference between Section 9 and Section 17?
Section 9 of the Arbitration and Conciliation Act empowers Civil Court to grant interim reliefs. Whereas Section 17 of the Arbitration and Conciliation Act empowers Arbitral Tribunal to grant interim reliefs.
What is Section 16 of arbitration?
It is a process where parties resolve disputes without approaching the formal course of the judiciary, i.e., the court. Section 16 of the Arbitration and Conciliation Act, 1996, emphasises the competence of the Arbitral Tribunal to rule on its jurisdiction. It entitles the parties to raise jurisdictional questions.
What is Section 23 of arbitration Act?
(1) Within the period of time agreed upon by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his claim, the points at issue and the relief or remedy sought, and the respondent shall state his defence in respect of these particulars, unless the parties have otherwise ...
What is Section 37 of arbitration?
an arbitration shall be deemed to be commenced when one party to the arbitration agreement serves on the other parties thereto a notice requiring the appointment of an arbitrator, or where the arbitration agreement provides that the reference shall be to a person named or designated in the agreement, requiring that the ...
Interim Measures [Section 9 and Section 17 of the Arbitration and Conciliation Act @Lawkaksha
What is Section 31 of arbitration?
(1) An arbitral award shall be made in writing and shall be signed by the members of the arbitral tribunal.
What is Section 73 of the Arbitration Act?
73 Loss of right to object.
does not do so, or does not do so within the time allowed by the arbitration agreement or any provision of this Part, he may not object later to the tribunal's substantive jurisdiction on any ground which was the subject of that ruling.
What is Section 40 of the Arbitration Act?
(1) An arbitration agreement shall not be discharged by the death of any party thereto either as respects the deceased or as respects any other party, but shall in such event be enforceable by or against the legal representative of the deceased.
What is Section 62 of the arbitration?
Section 62 provides for the commencement of proceedings for conciliation. For the purpose of settling the dispute through the process of conciliation all what is required is a proposal in writing and its acceptance thereof.
What is Section 61 of the Arbitration Act?
(1) Save as otherwise provided by any law for the time being in force and unless the parties have otherwise agreed, this Part shall apply to conciliation of disputes arising out of legal relationship, whether contractual or not and to all proceedings relating thereto.
What is Section 18 of arbitration?
18. Equal treatment of parties. —The parties shall be treated with equality and each party shall be given a full opportunity to present his case.
What is Section 9 of arbitration?
Section 9 of the Act stipulates the powers of the court to grant interim relief before or during the arbitral proceedings or after the passing of the arbitral award and also lays down a restriction under clause (3) after the constitution of the Arbitral Tribunal unless such circumstances exist which may render a remedy ...
What is Section 35 of arbitration?
Finality of arbitral awards. According to Section 35 of Arbitration and Conciliation Act, 1996 : Subject to this Part an arbitral award shall be final and binding on the parties and persons claiming under them respectively.
What is Section 11 of the Arbitration and Conciliation Act?
The Courts under Section 11 of the Arbitration and Conciliation Act, 1996 ('the Act'), are empowered to intervene if the parties fail to agree on the appointment procedure or are unable to act upon the agreed appointment procedure.
What is Section 17 1996?
Section 17 of the Arbitration and Conciliation Act, 1996 ("the Act") prescribes a mechanism for parties to an arbitration, to seek interim reliefs from the arbitral tribunal during the pendency of the arbitral proceedings.
What is Section 9 used for?
Article I, Section 9 specifically prohibits Congress from legislating in certain areas. In the first clause, the Constitution bars Congress from banning the importation of slaves before 1808. In the second and third clauses, the Constitution specifically guarantees rights to those accused of crimes.
What is Section 14 of arbitration?
14 of the Act deals with the resignation/termination of the appointed arbitrator. The grounds for resignation are inability to perform the duty de jure or de facto or where he himself withdraws from the case citing any other reason.
What is Section 72 of arbitration?
72. Suggestions by parties for settlement of dispute. —Each party may, on his own initiative or at the invitation of the conciliator, submit to the conciliator suggestions for the settlement of the dispute.
What is Section 44 of arbitration?
Section 44 of the Arbitration & Conciliation Act 1996 defines a "foreign award" as an arbitral award on differences between persons arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in India. c) justice or morality.
What is Section 10 of arbitration?
(1) The parties are free to determine the number of arbitrators, provided that such number shall not be an even number. (2) Failing the determination referred to in sub-section (1), the arbitral tribunal shall consist of a sole arbitrator.
What is Section 30 of arbitration Act?
(1) It is not incompatible with an arbitration agreement for an arbitral tribunal to encourage settlement of the dispute and, with the agreement of the parties, the arbitral tribunal may use mediation, conciliation or other procedures at any time during the arbitral proceedings to encourage settlement.
What is Section 33 of arbitration?
In its main paragraph, that section provides that any party to an arbitration agreement or any person claiming under him desiring to challenge the existence or validity of an arbitration agreement or an award or to have the effect of either determined shall apply to the court and the court shall decide the question on ...
What is Section 66 of the Arbitration Act?
S66 of the Act
An award creditor can apply to the English court under s66 to enforce an award in the same way as an English court judgment and may also seek judgment in terms of the award.
What is Section 81 of the arbitration Ordinance?
Pursuant to Section 81 of the Arbitration Ordinance (AO) (adopting Article 34 of the Model Law), an award may be set aside by the court. However, the court cannot set aside or remit an arbitral award on the grounds of errors of fact or law on the face of the award.
What is Section 43 of arbitration?
43. Power of Court to issue processes for appearance before arbitrator. (1) The Court shall issue the same processes to the parties and witnesses whom the arbitrator or umpire desires to examine as the Court may issue in suits tried before it.