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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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Introduction This case arises out of dispute between ‘Jagjeet Singh Lyllpuri’ and ‘Unitop Apartments and Builders limited’[1]. Following a dispute, the respondent invoked the arbitration and a retired Judge of the Supreme Court was appointed as the sole arbitrator. Award was passed in the favor of appellants. Aggrieved by the award the respondent filed a petition under section 34 of the Arbitration and Conciliation Act, 1996, in the Court of Additional District Judge, Ludhiana. The
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Introduction: The present case[1]revolves around sections 11 and 15(2) of the Arbitration and Conciliation Act, 1996 (“Act”) where an arbitrator appointed by the Court had withdrawn from his mandate and a substitute Arbitrator was to be appointed. Section 15(2) of the Act specifies that in case the mandate of an arbitrator terminates, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced. Facts of
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Introduction: Usually, the parties choose arbitration as the dispute resolution mechanism to resolve all disputes arising from or related to a contract. In such circumstances, the arbitrator has full discretion on all questions raised by the parties. However, in certain contracts, the parties choose to exclude certain matters from being adjudicated in arbitration. In such a situation, court might set aside the part or even the whole award, if it is challenged. Sometimes parties to
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