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The Delhi High Court in a recent judgment Aarka Sports Management Pvt. Ltd. v. KalsiBuildcon Pvt. Ltd.1 , rejected the Application of the Petitioner seeking Appointment of Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 (herein after referred to as “The Act”) on the ground that the agreement between the parties did not provide any Clause for seat/venue of arbitration. FACTS OF THE CASE Aarka Sports Management Private Limited (herein after referred
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In a recent decision rendered by the Hon’ble Delhi High Court in IRB Ahmedabad Vadodara super express Toll way Private Limited vs. National Highways Authority of India, the Hon’ble High court interpreted arbitration rules of the Society for affordable redressal of disputes (herein after referred to as “SAROD”) pertaining to a dispute between two nominated arbitrators regarding appointment of the presiding arbitrator. The Hon’ble court also returned findings as to when a petition under Section
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INTRODUCTION The Arbitration and Conciliation Act, 1996 (“the Act”) empowers the Indian Courts to intervene in cases relating to domestic arbitral awards and foreign arbitral awards under Section 34 and Section 48 of the Act respectively. The grounds for intervention are very similar in both section 34 and Section 48 of the Act. However, the scope of Court intervention under Section 34 is much wider in comparison to Section 48 of the Act. In the
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Introduction: Under the Arbitration Act, 1940,a party could commence proceedings in a court by moving an application under Section 20 for appointment of an arbitrator and simultaneously it could move an application for interim relief under the Second Schedule read with Section 41(b) of the old Act. Whereas, Section 17 of the new Act[1] gives an arbitral tribunal the power to issue interim order in respect of the subject matterof dispute at the request of
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CPWD, i.e. Central Public Works Department is the Principal Engineering Organisation of the Government of India and is an attached office of the Ministry of Housing and Urban Affairs. The primary functions of CPWD are construction and maintenance of two kinds of structures. First is building structures such as residential office, hospitals, educational institutes, sports complexes, auditoria and other such buildings. The second type is non-building structures such as airports, runways, highways, tunnels, bridges, flyovers,
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