Articles

ARBITRATOR IS BOUND BY THE FEE SCHEDULE AGREED BY THE PARTIES IN THE AGREEMENT

http://lobis.nic.in/ddir/dhc/NAC/judgement/28-07-2018/NAC20072018OMPTCOMM392018.pdf NATIONAL HIGHWAYS AUTHORITY OF INDIA                                  Vs. GAMMON ENGINEERS AND CONTRACTOR PVT LTD O.M.P.(T)(COMM)--39/2018

Read More

POST AWARD INTEREST AS PER BANK CERTIFICATE IS 16.20% AS PER 31(7)(b) OF THE ARBITRATION AND CONCILIATION ACT

http://lobis.nic.in/ddir/dhc/NAC/judgement/21-08-2018/NAC16082018OMPENFCOMM552017.pdf M/S ARSS INFRASTRUCTURE PROJECTS LTD                                      Vs. CALCUTTA HALDIA PORT ROAD COMPANY LTD OMP(ENF.)(COMM.)--55/2017  

Read More

INELIGIBLE PERSON BY OPERATION OF LAW CANNOT NOMINATE A PERSON AS ARBITRATOR

Once the person who was required to arbitrate upon the disputes arisen under the terms and conditions of the contract becomes ineligible by operation of law, he would not be eligible to nominate a person as an arbitrator in view of section 12 (5) of the Arbitration and Conciliation Act, 1996.         That a plea that pertains to statutory disqualification of the nominated arbitrator can be raised before the court in application Preferred under Section 11(6)

Read More