Related Questions

In a suit for specific performance of an Agreement of Sale of immovable property the defendant along with his written statement files an application under Section 8 of the Arbitration & Conciliation Act for referring the parties to arbitration in accordance with arbitration clause contained in the Agreement to Sell. The plaintiff admits the existence of the arbitration clause as well as that the subject matter of suit is subject matter of such arbitration clause. The Court shall:
In which of the following case, the Supreme Court of India has held that the parties cannot enter into "jurisdiction clause" and the "arbitration clause" simultaneously as it will have the effect of vesting them with a choice of either going for litigation or arbitration, if the agreement contains any such direction it will be deemed to be an arbitration agreement within the meaning of Section 7 Indian Act and will mandate the parties to go for arbitration:
A Hindu wife files a petition against her husband for dissolution of marriage by a decree of divorce. Immediately after service of summons of the petition and before the filing of written statement the defendant files an application under Section 8 of the Arbitration & Conciliation Act for reference to arbitration in accordance with the arbitration clause in a Settlement Agreement signed by the parties when on an earlier occasion police complaints were made against each other. The wife admits the Arbitration Agreement which encompasses all disputes and differences of any kind between the parties. The Court shall:
An arbitration agreement providing for arbitration by four arbitrators is, under the Arbitration & Conciliation Act, 1996, to be construed as an agreement for arbitration by:
Principle: A defendant is liable for all direct consequences of his act or omission, which he could have reasonably foreseen as naturally flowing from his action.
Factual Situation: A bus driver was driving a bus along the BRT corridor in New Delhi. At a Bus stand he carelessly drove the bus resulting in hitting a railing and crushing a Marshall on duty at the spot. A lady standing at a distance, on hearing about the accident rushed to the spot and saw the injured covered in blood, hanging on a piece of the railing. The sight terrified the lady and as a result she fainted and had to be treated for nervous shock. The lady on recovery filed a suit for compensation against the driver and the owner of the bus.
The parties to the arbitration agreement are residents of Lucknow and Kolkata. The contract was performed at Varanasi. The parties agreed that arbitration proceedings will be conducted at New Delhi and were held at New Delhi. Where will the petition under Section 34 of the Arbitration and Conciliation Act 1996 be filed?
Which of the following statements regarding powers granted under Section 8 of the Arbitration and Conciliation Act 1996, are correct?1. The application under Section 8 may be filed before the Arbitrator.
2. Section 8 is an instance of the least judicial intervention when there is an arbitration agreement between the parties.
3. When an application under Section 8 is filed before the court, the proceedings before the Arbitrator are stayed.
4. The application under Section 8 shall not be entertained unless it is accompanied by the original arbitration agreement.
Select the correct answer using the given below:
A' has let out his property at Delhi to 'B' at a rent of Rs. 3000/- per month on the terms and conditions contained in a registered lease dead. The lease deed provided for arbitration of all disputes between the parties. 'B' fails to vacate the property inspite of expiry of period of lease of two years. 'A' initiates arbitral proceedings under the Arbitration and Conciliation Act, 1996 in accordance with an arbitration clause in the lease deed seeking eviction/ejectment of 'B' from the property
Consider the following statements.
(1) The Arbitral Tribunal cannot rule on its own jurisdiction.
(2) Oral arbitration agreement is enforceable.
(3) The parties may choose med-arb as the procedure for settlement of their dispute.
(4) There must be a pre-existing written agreement of arbitration for dispute settlement by arbitration.
Which of the above statements is/are correct?
An arbitration agreement provides for arbitration under the Arbitration and Conciliation Act, 1996 by two arbitrators, one to be appointed by each party