Digi - Legal Insights

Section 34 Court maintains that an arbitral award should not be challenged if it yields a plausible outcome and reasons for it can be inferred.

Court does not have jurisdiction in matter and these petitions cannot be entertained hence, all captioned Petitions and attendant Interim Applications are dismissed for want of jurisdiction.

Section 85(2)(a) of 1996 Act indicates that 1940 Act does not apply to proceedings initiated after January 25, 1996, date the 1996 Act came into effect.

If Arbitrators findings, based on hearsay rather than concrete evidence, are flawed and award is deemed shocking to Courts conscience then it must be set aside under Section 34(2)(b)(ii) of Act.

Absence of ad idem agreement on this issue indicates that execution of Development Agreement cannot be regarded as a mere formality consequently, Developer has not sufficiently demonstrated a case for protective relief under Section 9 of Act.

Despite Marines dissatisfaction with the outcome, their alternative interpretation of evidence does not render Impugned Award invalid under Section 34 of Act.

Impugned order lacked reasoning, which is crucial for fairness and judicial review and unreasoned order cannot uphold legal standards, justifying withdrawal based on unspecified complaints does not rectify original flaws in order.

Former Chief Justice of High Court is appointed as Sole Arbitrator to adjudicate upon disputes and differences between parties arising out of and in connection with Mortgage Deeds and in terms of arbitration clause-agreement contained.

Offering of a lower post instead of a clerk position contradicts guidelines, as does the managements reliance on past allegations and delays hence, Petitioner is entitled to clerk position, deeming managements rejection arbitrary and unsustainable.

No valid grounds to challenge Award under Section 34 of Act, as Arbitrators interpretations were deemed reasonable and consistent with established law.

Advocate of High Court is appointed as Sole Arbitrator to adjudicate upon disputes and differences between parties arising out of and in connection with Agreement.

Disputes involved in Suit cannot be referred to Arbitration on account of disputes relating to redemption of mortgage being incapable of resolving through arbitration on account of absence of arbitration clause.

Zanmai has to regain control over its users' assets and provide assurance of their security thus, no reason to make an intervention, disturbing interim arrangement propounded by Arbitral Tribunal.

Petitioner-society is not a third party in arbitration dispute and has not demonstrated an exceptional case that justifies interference in arbitral process.

As managing director of a company would be ineligible for being appointed as an arbitrator in view of Section 12(5) read with paragraph 5 in Fifth Schedule to Act, he would be ineligible to nominate a sole arbitrator.

Dispute arising under agreement is arbitrable - Parties bound by arbitration clause - Independent arbitrator appointed to resolve claims and defences - Application allowed.

Courts may restrain bank guarantee encashment only in cases of egregious fraud or irretrievable injustice and interim protection may be granted to preserve pending section 9 proceedings.