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Search Results for "Section 11"

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Supreme Court

Supreme Court Quashes Calcutta High Court's Order Appointing Arbitrator Due to Lack of Territorial Jurisdiction. Territorial Jurisdiction for Section 11 Application Under Arbitration and Conciliation Act, 1996 Depends on Court as Defined in Section 2(1)(e), Not Merely on Seat Designation in Arbitration Clause.

24 Mar 2022

The appeals arose from orders of the Calcutta High Court dated 13 August 2021 and 4 October 2021. The appellant and respondent had entered into a deve...

Supreme Court

Supreme Court Appoints Arbitrator in International Commercial Arbitration Involving Sub-Lease Dispute — Holds That Lease Disputes Under Transfer of Property Act Are Arbitrable. The Court ruled that disputes arising from a sub-lease deed governed by the Transfer of Property Act, 1882 are arbitrable, and since the petitioner is a foreign national, the Supreme Court has jurisdiction to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.

18 Dec 2020

The petitioner, Suresh Shah, a Kenyan national and habitual resident of Nairobi, Kenya, filed a petition under Section 11(5) of the Arbitration and Co...

Supreme Court

Supreme Court Dismisses Section 11 Petition for Appointment of Arbitrator in Favor of ICC Arbitration Under Umbrella Agreement. Disputes arising from multiple purchase orders and a pricing agreement are governed by the arbitration clause in the umbrella agreement, not individual purchase orders.

16 Sep 2020

The case involves a dispute between Balasore Alloys Limited (petitioner/applicant) and Medima LLC (respondent) arising from a business transaction for...

Supreme Court

Supreme Court Dismisses Petition for Appointment of Arbitrator in International Commercial Arbitration Dispute — Seat of Arbitration Determined as Hong Kong Based on Clause 17.2 of MoU.

5 Mar 2020

The petitioner, Mankastu Impex Private Limited, an Indian company, and the respondent, Airvisual Limited, a Hong Kong company, entered into a Memorand...

Supreme Court

Supreme Court Allows Arbitration Appointment Despite Limitation Bar — Scope of Section 11(6A) Confined to Existence of Arbitration Agreement. The 2015 Amendment Act restricts court's role to checking arbitration agreement existence, leaving limitation and other issues to arbitrator under Section 16.

27 Nov 2019

The dispute arose from an agreement dated 21.12.2010 between M/s. Uttarakhand Purv Sainik Kalyan Nigam Limited (Petitioner-Contractor) and Northern Co...

Supreme Court

Supreme Court Appoints Sole Arbitrator in International Commercial Arbitration Dispute. Court modifies arbitration clause by consent to appoint sole arbitrator instead of three-member tribunal under Section 11 of the Arbitration and Conciliation Act, 1996.

7 Nov 2019

The petitioner, M/s. Shaf Broadcast Pvt. Ltd., entered into a contract dated 08.03.2010 with Respondent No. 1, Doordarshan, a constituent of Prasar Bh...

Supreme Court

Supreme Court Allows Arbitration in Partnership Dispute Involving Simple Allegations of Fraud. Court appoints arbitrator under Section 11 of Arbitration and Conciliation Act, 1996, distinguishing between serious and simple fraud allegations.

4 Sep 2019

The present case arises out of a partnership dispute between Rashid Raza (appellant) and Sadaf Akhtar (respondent). An FIR dated 17.11.2017 was lodged...

Supreme Court

Supreme Court Upholds Exclusive Power of Central Government to Appoint Arbitrator Under National Highways Act, 1956 — Section 11 of Arbitration Act, 1996 Not Maintainable. The Court held that the special enactment's inbuilt mechanism for arbitrator appointment prevails over the general arbitration law, and the High Court erred in appointing an arbitrator under Section 11(6).

27 Aug 2019

The case involves a dispute between the National Highways Authority of India (NHAI) and Sayedabad Tea Company Ltd. regarding the acquisition of land f...

Supreme Court

Supreme Court Allows Impleadment of Non-Signatory Group Company in Arbitration Under Group of Companies Doctrine. The court held that a non-signatory parent company can be bound by an arbitration agreement when the mutual intention of the parties is to bind both signatory and non-signatory entities, based on factors such as relationship, commonality of subject matter, and composite nature of transactions.

1 Jul 2019

The petitioner, Reckitt Benckiser (India) Private Limited, filed a petition under Sections 11(5), 11(9), and 11(12)(a) of the Arbitration and Concilia...

Supreme Court

Supreme Court Allows Appeal Against High Court Order Appointing Substitute Arbitrator in Contract Dispute. Court Holds That High Court Erred in Terminating Mandate of Arbitrator Appointed by Consent and in Deviating from Arbitration Clause Without Justification.

22 Jan 2019

The appellant, Rajasthan Small Industries Corporation Limited, invited tenders for handling and road transportation of ISO containers and cargo. The r...

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