Arbitration

Arbitration and Conciliation Act, 1996

— S. 7 — Arbitration agreement — Existence of — Material/facts to be examined for determination of — Contentions raised before court of law — Relevance — Held, it is the contract documents that are relevant and not any contention raised before a court of law after the dispute has arisen — The latter would be relevant only if the case is one falling under S. 7(4)(c) — The present case however falls squarely under S. 7(5), (2006) 5 SCC 275-A

Arbitration

Arbitration and Conciliation Act, 1996

— S. 7 — Arbitration agreement — Existence of — Material to be examined for determination of — Invoices for supplies made — When relevant — Held, when the contract (purchase order) incorporates an arbitration agreement by reference, invoice need not contain a provision for arbitration or reference thereto, (2006) 5 SCC 275-B

Arbitration

Arbitration and Conciliation Act, 1996

— Ss. 11 and 8 — Denial of existence of arbitration agreement — Party seeking appointment of arbitrators thereafter — Estoppel — When operates — Held, if on account of mistake or wrong understanding of law, a party takes a particular stand, he is not barred from changing his stand subsequently or estopped from seeking arbitration, (2006) 5 SCC 275-C

Arbitration

Arbitration and Conciliation Act, 1996

— S. 16 — Powers of arbitrator — Scope — Limitation — Held, limitation is an issue that can be considered and decided by arbitrator, (2006) 5 SCC 275-D

Arbitration

Arbitration and Conciliation Act, 1996

— S. 11(4) — Party failing to comply with demand of other party to appoint arbitrator within 30 days of receipt of notice to do the same — Such party when loses the right to appoint arbitrator — In present case party concerned being found to be under bona fide impression that there cannot be an arbitration, and nominating arbitrator before Supreme Court, nomination of the party accepted, (2006) 5 SCC 275-E

Arbitration

Arbitration and Conciliation Act, 1996

— S. 10 — Applicability — Agreement providing for two arbitrators — In light of mandate of S. 10, three arbitrators appointed, (2006) 5 SCC 275-F