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Supreme Court Considers Scope of Section 45 of Arbitration and Conciliation Act in International Commercial Disputes. Multiple Issues Framed on Reference to Arbitration in Multi-Party Joint Venture Agreements.

The dispute arose from a series of joint venture and ancillary agreements executed between Indian company Chloro Controls (I) P. Ltd. and foreign coll...

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Supreme Court Constitution Bench Examines Applicability of Part I of Arbitration Act, 1996 to Foreign-Seated Arbitrations. Reference Arises from Conflicting Views in Bhatia International and Venture Global Engineering.

The Supreme Court of India, by a reference order dated 16 January 2008, directed the listing of Civil Appeal No. 7019 of 2005 and connected matters be...

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Bombay High Court Examines Arbitrability of Disputes Between Developer and Non-Signatory Member of Cooperative Society Under Development Agreement. Issue Involves Permissibility of Invoking Arbitration Clause Against Dissenting Member Not Party to Agreement.

The dispute arose from the redevelopment of a cooperative society's building in Mumbai. The applicant, a developer, entered into a Development Agreeme...

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Supreme Court Dismisses Section 11 Petition for Appointment of Arbitrator in International Commercial Arbitration Dispute. Seat of Arbitration Held to be Dubai, UAE, Not India, Based on Express Terms of Distributorship Agreement.

The present petition was filed under Section 11(6)(a) read with Section 11(12)(a) of the Arbitration and Conciliation Act, 1996, seeking appointment o...

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Bombay High Court Dismisses Petitions by Non-Signatories Under Section 37 of Arbitration Act. Third Parties Cannot Appeal Interim Arbitral Orders Absent Privity of Arbitration Agreement.

The dispute arose from arbitration proceedings between Excel Metal Processors Pvt. Ltd. (respondent no.1) and Shakti International Private Limited (re...

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Bombay High Court Considers Maintainability of Section 34 Petition Against Foreign Award; Preliminary Objection Raised Pending Determination. Arbitration Agreement Existence and Enforcement of Foreign Award Under Part II Also Examined.

The dispute arose from a voyage charter party dated 13 September 2008 between Aurelia Reederei Eugen Friederich GmbH Schiffahrtsgesellschaft & Company...

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Bombay High Court Hears Arbitration Appeal Against Order Setting Aside Arbitral Award in Family Business Dispute. Dispute Centers on Inclusion of Agricultural Lands Held by Individual Family Members in Family Asset Separation Process.

The appeal arose from a family dispute within the Malhotra family of Pune, who owned and controlled several businesses including Weikfield Products Co...

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Bombay High Court Dismisses Section 9 Petition for Lack of Territorial Jurisdiction in International Commercial Arbitration. Parties Impliedly Excluded Part I of Arbitration and Conciliation Act, 1996 by Agreeing to ICC Rules and Zambian Law.

The petitioner, Konkola Copper Mines (PLC), a company registered in Zambia, filed a petition under Section 9 of the Arbitration and Conciliation Act, ...