Act/Law wise: Judgment of Supreme Court of Bangladesh (AD & HCD)
Arbitration Matter | |||
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Section/Order/ Article/Rule/ Regulation | Head Note | Parties Name | Reference/Citation |
Arbitration Matter–– |
Arbitration Matter:–– The Act, 2001 is a special law and it has been enacted with the sole purpose of resolving the dispute between the parties through arbitration and after an award is given by the Arbitrator(s), if it is allowed to be challenged in a civil suit, then the arbitration proceeding shall become a mockery and the whole purpose of the arbitration scheme as envisaged in the Act, 2001 shall fail. Therefore, the trial Court rightly rejected the plaint. .....Md. Nurul Abser =VS= Alhaj Golam Rabbani & others, [1 LM (AD) 212] ....View Full Judgment |
Md. Nurul Abser =VS= Alhaj Golam Rabbani & others | 1 LM (AD) 212 |
Arbitration Matter–– |
Arbitration Matter:–– The arbitral award is generally not open to review by Courts for any error in finding on facts and applying law for the simple reason that it would defeat the very purpose of the arbitration proceedings. .....TATA Power Company Ltd. =VS= M/S Dynamic Construction, [1 LM (AD) 456] ....View Full Judgment |
TATA Power Company Ltd. =VS= M/S Dynamic Construction | 1 LM (AD) 456 |
Arbitration Matter–– |
Arbitration Matter:–– Whenever an award is challenged before any Court, the Court, i.e. either District Court or as in this case the High Court Division, does not sit on appeal over the decision of the learned Arbitrator. Therefore, the scope of considering the merits of the case and factual aspects is again very limited. .....TATA Power Company Ltd. =VS= M/S Dynamic Construction, [1 LM (AD) 456] ....View Full Judgment |
TATA Power Company Ltd. =VS= M/S Dynamic Construction | 1 LM (AD) 456 |
Arbitration Matter–– |
Arbitration Matter:–– The High Court Division noted that the Arbitrator considered each and every item separately and individually and that in some items the Arbitrator did not pass any award as mentioned by first-party. The High Court Division came to a finding that it could not be said that the Arbitrator whimsically, erroneously, capriciously, passed the award in total non-consideration of materials on record. .....BWDB =VS= M/S. United Builders, [3 LM (AD) 162] ....View Full Judgment |
BWDB =VS= M/S. United Builders | 3 LM (AD) 162 |
Arbitrator awards–– |
Arbitrator awards–– Both the parties appointed their respective
Arbitrators, who could not concur with each other in their opinion and gave
different Awards. Thereafter, the Chairman of the Arbitral Tribunal finally
arrived at his own decision with a completely separate award on 20.02.2013.
In the above award, the learned Chairman of the Arbitral Tribunal accepted
the price for 10% defective Dal at Tk.78 per K.G. as fixed by the Price
Fixation Committee of TCB and also declared that the respondent is entitled
to get refund of Tk.95,00,000/- deposited by the respondent as performance
security forfeited by the petitioner.
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Trading Corporation of Bangladesh=VS=M/S Trio Hologram Ind. Ltd. | 6 LM (AD) 186 |
The Judges are the final arbiter–– |
The Judges are the final arbiter–– The Judges are the final arbiter between litigants and between the public and powerful authorities and organisations. The authority of the Courts and the Judges is not undermined in any way. .....The State =VS= Adv. Md. Qamrul Islam, M.P & another, [1 LM (AD) 28] ....View Full Judgment |
The State =VS= Adv. Md. Qamrul Islam, M.P & another | 1 LM (AD) 28 |
The Act, 2001 is a special law and it has been enacted with the sole purpose of resolving the dispute between the parties through arbitration and after an award is given by the Arbitrator(s), if it is allowed to be challenged in a civil suit, then the arbitration proceeding shall become a mockery and the whole purpose of the arbitration scheme as envisaged in the Act, 2001 shall fail. Therefore, the trial Court rightly rejected the plaint. …Md. Nurul Abser Vs Alhaj Golam Rabbani & ors, (Civil), 6 SCOB [2016] AD 54 ....View Full Judgment |
Md. Nurul Abser Vs Alhaj Golam Rabbani & ors | 6 SCOB [2016] AD 54 | |
Arbitration proceeding: |
Arbitration proceeding:
|
Mosharaf Com. Tex. Mills Ltd & ors Vs. ECOM Agro. Corp. Ltd & ors | 4 SCOB [2015] AD 28 |
Arbitrator awards– |
Arbitrator awards–
|
Trading Corporation of Bangladesh=VS=M/S Trio Hologram Ind. Ltd. | 6 LM (AD) 186 |
Arbitration |
Whenever any party to an arbitration agreement will take recourse to the Court of District Judge of any particular District, the said District Judge Court shall have the exclusive jurisdiction over the said arbitration matter up to the period of final termination of the arbitral proceedings, and not any other District Judge Court. Ghulam Mohiuddin (Bhutto) -Vs.- Mrs. Rokeya Din and others (Spl. Original)2019 ALR (HCD) Online 174 ....View Full Judgment |
Ghulam Mohiuddin (Bhutto) -Vs.- Mrs. Rokeya Din and others | 2019 ALR (HCD) Online 174 |
Arbitration |
While as a normal course of action, the Legislature does not go for enactment of a law by which the superior Court’s jurisdiction and power will be scrapped or cur-tailed in order to enrich and empower the sub-ordinate Courts with the said jurisdiction and power, yet if the Legislature in their wisdom considers it necessary, they are competent to enact such law. However, this sort of enactment is normally made by the Legislature in clearer and specific expressions and, furthermore, in passing such laws the Parliament usually tables some explanations before the House. Ghulam Mohiuddin (Bhutto) -Vs.- Mrs. Rokeya Din and others (Spl. Original) 2019 ALR (HCD) Online 174 ....View Full Judgment |
Ghulam Mohiuddin (Bhutto) -Vs.- Mrs. Rokeya Din and others | 2019 ALR (HCD) Online 174 |