What is Section 37 of arbitration?

What is Section 37 of the arbitration Act?

Scope of Section 37 of Arbitration and Conciliation Act

The Arbitration and Conciliation Act, 1996 Section 37 provides for filing of appeals against orders of the Court or for that matter an Arbitrator. Three Judges bench of the Supreme Court of India of Justices R.F. Nariman, Navin Sinha, and K.M.

What voids an arbitration clause?

As a general rule, only strong evidence of duress or fraud are sufficient to invalidate an arbitration clause. It is worth noting that many state courts will to set aside arbitration agreements where the parties have vastly disparate bargaining power (such as between employers and employees).

What is Section 5 of arbitration?

5. Extent of judicial intervention.—Notwithstanding anything contained in any other law for the time being in force, in matters governed by this Part, no judicial authority shall intervene except where so provided in this Part.

What is Section 17 of the arbitration?

17. Interim measures ordered by arbitral tribunal. - (1) Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, order a party to take any interim measure of protection as the arbitral tribunal may consider necessary in respect of the subject-matter of the dispute.

What is Section 20 of the Arbitration Act?

(1) The parties are free to agree on the place of arbitration. (2) Failing any agreement referred to in sub-section (1), the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case, including the convenience of the parties.

What is Section 39 of the Arbitration Act?

An order-(i)superseding an arbitration;(ii)on an award stated in the form of a special case;(iii)modifying or correcting an award;(iv)filing or refusing to file an arbitration agreement;(v)staying or refusing to stay legal proceedings where there is an arbitration agreement;(vi)setting aside or refusing to set aside an ...

What is Section 28 of the arbitration system?

As per the provisions of section 28(1)(a), where the place of arbitration is in India and the arbitration is not an international commercial arbitration, the arbitral tribunal shall decide the dispute submitted to it in accordance with the substantive law for the time being in India, e.g. the Indian Contract Act, 1872 ...

What is Section 32 of the Arbitration Act?

Termination of proceedings. (1)The arbitral proceedings shall be terminated by the final arbitral award or by an order of the arbitral tribunal under sub-section (2).

What is Section 30 of arbitration?

Section 30- Settlement-

If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the arbitral tribunal, record the settlement in the form of an arbitral award on agreed terms.

What is Section 103 of the Arbitration Act?

(3)Recognition or enforcement of the award may also be refused if the award is in respect of a matter which is not capable of settlement by arbitration, or if it would be contrary to public policy to recognise or enforce the award.

What is Section 44 of the Arbitration Act?

44 Court powers exercisable in support of arbitral proceedings. E+W+N.I. (1)Unless otherwise agreed by the parties, the court has for the purposes of and in relation to arbitral proceedings the same power of making orders about the matters listed below as it has for the purposes of and in relation to legal proceedings.

What is Section 18 of the arbitration?

Section 18 Simplified: Everyone involved in the arbitration must be treated the same way, and each person must have an equal chance to explain their side of the story.

What is Section 19 of the Arbitration Act?

(1) The arbitral tribunal shall not be bound by the Code of Civil Procedure, 1908 (5 of 1908) or the Indian Evidence Act, 1872 (1 of 1872). (2) Subject to this Part, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting its proceedings.

What is Section 21 of the arbitration?

Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent.

What is Section 7 of arbitration?

Section 7(1) of the Act provides that an arbitration agreement means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not.

What is Section 34 of the Arbitration Act?

(1) Recourse to a Court against an arbitral award may be made only by an application for setting aside such award in accordance with sub-section (2) and sub-section (3). (ii) the arbitral award is in conflict with the public policy of India. (iii) it is in conflict with the most basic notions of morality or justice.

What is under Section 9 of the arbitration?

(a)if either of the appointed arbitrators neglects or refuses to act, or is incapable of acting, or dies, the party who appointed him may appoint a new arbitrator in his place; (b)if one party fails to appoint an arbitrator, either originally or by way of substitution as aforesaid, for fifteen clear days after the ...

What cannot be solved by arbitration?

Generally, disputes in rem which are regarding a thing or property can't be resolved through arbitration, while disputes in personam regarding a selected person are often.

How to beat an arbitration agreement?

What matters are not allowed in arbitration?

1 of Act 49 of 1996.] A reference to arbitration shall not be permissible in respect of- (a) any matrimonial cause or any matter incidental to any such cause; or (b) any matter relating to status.