Arbitration and Conciliation Act 1996
Arbitration and Conciliation Act 1996
I have a question that in case of International Commercial Arbitration, suppose one party is of India and the other party is of USA, then in case of dispute over seat of Arbitration, which country cou
6 months ago
A. Dear Sir,
It all depends upon the terms of such agreement contract. If there are no specific term then it depends upon mutual agreement of the parties to the contract.
Arbitration notice received from bank
I am employee Delhi metro but my Liabilities are almost 25 lakhs. Thus I can't pay all EMI on schedule time. I paid only salary account personal loan amount and salary account credit card dues. Also I
6 months ago
A. Dear Client,
Once the EMI against a loan is not repaid for consecutive 3 times by the borrower for any reason whatsoever, it is treated as NPA. Accordingly, the Bank sends notice u/s.21 of Arbitration and Conciliation Act, 1996 to the Borrower asking him/her for repayment of the entire dues lying against your loan offering suitable terms of settlement through an arbitration process. In the absence of any response from the Borrower, they started the routine process of action prescribed under rele ...ReadMore
Arbitration notice
I have received an arbitration notice from HDFC Bank due to pending personal loan amount but I have no money to repay. What should I do.
6 months ago
A. Dear Client,
Once the dues against a loan are not repaid by the Borrower for any reason whatsoever, it is treated by the Bank as NPA. Accordingly, the Bank sends notice of arbitration to the Borrower asking him/her for repayment of the entire dues lying against your loan offering suitable terms through arbitration and mediation. Usually, Lenders are not legally obliged to settle a debt lowering your outstanding debt, but because they want to protect their bottom line, they may agree to a debt s ...ReadMore
Mediation process
Respected sir/ma'am, Our case pertains to violation of Terms & Conditions of the Development Agreement by the developer and we won the case in the lower court and now the developer made an appeal in
7 months ago
A. Dear Client,
In a mediation or conciliation process ordered by the court, the objective is to facilitate a mutually agreeable settlement between the parties involved. Here's how you can typically respond to the three questions posed by the court in this situation:
Response in Written Form: Yes, you can respond to the three questions in the order in written form through your counsel. Your legal representative can draft a response that outlines your position on each of the questions. This respon ...ReadMore
Bajaj Finenserve BFL
I not purchased home appliances on loan base and not availed any loan facility from BAJAJ FINSERVE. But Bajaj Finserve continuing calling, messaging and harnessing for loan recovery. I sent letter
8 months ago
A. Dear client,
Following are the legal Remedies available to defaulter in the case of harassment by recovery agents:
Filing a complaint at the police station:
A proper complaint should be filed against the Bank and the recovery office. However, if the police do not file a complaint, the magistrate can be approached.
An injunction suit against the bank and recovery agents:
A civil injunction suit with an ad-interim relief can be filed in the civil court against the bank and recovery organization. ...ReadMore
section 34 of the Arbitration and Conciliation Act 1996
section 34 of the . Is not a valid ground to alter the award that has been given by the arbitrator.
8 months ago
A. Dear client,
as per section 34
An arbitral award may be set aside by the Court only if--
(a) the party making the application [establishes on the basis of the record of the arbitral tribunal that]--
(i) a party was under some incapacity, or
(ii) the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law for the time being in force; or
(iii) the party making the application was not given proper notice of the ap ...ReadMore
Arbitration Case Against chitfund company
How to case file in arbitration subscriber against chit fund company
8 months ago
A. Dear Client,
Chit Fund Business in India is regulated by Chit Funds Act, 1982. No chit-fund business shall be conducted without obtaining the previous sanction of the state government. Under Sec.69 of the Chit Fund Act, when a dispute is referred to arbitration under this Chapter, the Registrar or the nominee, may, after giving a reasonable opportunity to the parties to the dispute to be heard, make an award on the dispute, on the expenses incurred by the parties to the dispute in connection wit ...ReadMore
Can counter claim submit to 2nd Arbitrator if GOVT fails submit to 1 Arbitrator?
can counter claim be submit to second Arbitrator if GOVT fails to submit to 1 Arbitrator who resigned on 2021, as they have never intimated to us prior (Pls quote to judgment for reference )
9 months ago
A. Dear Client,
As the Limitation Act is made applicable to Arbitrations, in the case of a counter claim by a respondent in an arbitral proceeding, the date on which the counter claim is made before the arbitrator will be the date of “institution” insofar as the counter claim is concerned. Section 43 of the Arbitration and Conciliation Act, 1996 expressly provides for the application of the Limitation Act to arbitral proceedings. In the matter of Ashok Kalra v. Wing Commander Surendra Agnihotri ...ReadMore
credit card outstanding 10 years old arbitration banks letter saysin theirfavor
what to do ?
9 months ago
A. Dear Client,
Your query requires more details to respond suitably. So, revert back with the details behind the query to enable us to respond suitably.
Extension of Limitation for filing application under Section 11 Arbitration Act
The limitation period for filing application under Section 11(6) of Arbitration Act is 3 years after expiry of 30 days from date of notice to invoke arbitration. I invoked arbitration on 27 Aug 2018.
9 months ago
A. Dear client,
Generally, Application Under Section 11(6) Not Maintainable For Appointment Of Arbitrator In Absence Of A Written Agreement Between Parties. If you do not have agreement to refer to arbitration then you cannot go to high court for appointment of arbitrator
