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Case 1101011EPK Doc 105 Filed 08/14/12 Page 1 of 25 Tagged ORDERED in the Southern District of Florida on August 13, 2012. Erik P. Kimball, Judge United States Bankruptcy Court UNITED STATES BANKRUPTCY.

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The Booz Allen test approach, which uses the right relied upon by the parties in the dispute, to classify it as arbitrable or not arbitrable, is untenable for two reasons: First, situations may occur such as in the case of Eros International where the relief is in essence arbitrable rendering the test of 'right relied ...

The Vidya Drolia judgment sets a landmark in the determination of arbitrability of disputes. By restricting the scope for the allegations of fraud to roar against the arbitrability of a dispute, the Court prevented a whole lot of trouble from getting in the way of efficient and smooth arbitration proceedings.

11. Power to Court to remove arbitrators or umpire in certain circumstances. (1) The Court may, on the application of any party to a reference, remove an arbitrator or umpire who fails to use all reasonable dispatch in entering on and proceeding with the reference and making an award.

(1) A person of any nationality may be an arbitrator, unless otherwise agreed by the parties. (2) Subject to sub-section (6), the parties are free to agree on a procedure for appointing the arbitrator or arbitrators.

The majority judgment cited the mandate of the Stamps Act to hold that “an instrument which is chargeable to stamp duty may contain an arbitration clause and which is not stamped cannot be said to be a contract enforceable in law”.

Section 28(3) of Arbitration Act mandatorily obligates the arbitral tribunal to decide cases as per terms of the contract and by considering the usage of the trade applicable to the transaction.

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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232