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Search Results for "Arbitration Award Challenge"

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High Court

High Court of Bombay Considers Petition for Termination of Standing Arbitral Tribunal's Mandate in Railway Construction Contract Dispute. Petitioner Seeks Appointment of New Arbitral Tribunal Under Sections 11(6), 14(2), and 15(2) of the Arbitration and Conciliation Act, 1996, Alleging Lack of Independence of Serving Railway Officer Arbitrators.

12 Dec 2019

The petitioner, ITD Cementation India Ltd., a company engaged in construction and infrastructure, was awarded a contract by the respondent, Konkan Rai...

High Court

Bombay High Court Adjudicates Arbitration Petition Under Section 34 of the Arbitration and Conciliation Act, 1996 Challenging Awards Passed in Hire Purchase Dispute. The Court Examines Objections Relating to Stamp Duty, Admissibility of Documents, and Jurisdiction of the Arbitrator.

24 Aug 2016

The dispute stemmed from a Hire Purchase Agreement dated 24 April 1995 between the petitioners and the respondent for eight Honda Accord cars, accompa...

High Court

High Court of Judicature at Bombay Appoints Sole Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 in a Commercial Contract Dispute. Appointment Made after Respondent Failed to Prove Valid Appointment of Arbitrator Despite Alleged Forfeiture of Right.

19 Nov 2010

The dispute arose from an agreement dated 8 January 2003 between Voltas Limited (applicant) and Rolta India Limited (respondent) for the supply, erect...

High Court

Bombay High Court Dismisses Petition by Society Members Challenging Arbitral Award for Lack of Locus Standi. Non-signatories to arbitration agreement cannot challenge award under Section 34 of Arbitration and Conciliation Act, 1996.

8 Dec 2014

The petitioners, who are members of Apsara Co-operative Housing Society Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Ac...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Awards in Share Subscription Dispute — No Interference Under Section 34 of Arbitration Act as Findings of Fact Are Not Re-Examinable. Court upholds arbitral tribunal's findings on breach of representations and warranties in Share Subscription Agreement and Shareholders Agreement, holding that the tribunal's interpretation of contractual terms and assessment of evidence cannot be reappraised under Section 34 of the Arbitration and Conciliation Act, 1996.

5 May 2017

The present appeal arises from the dismissal of two petitions under Section 34 of the Arbitration and Conciliation Act, 1996, by a learned Single Judg...

High Court

Bombay High Court Dismisses Arbitration Petitions Challenging Appointment of Sole Arbitrator in Property Dispute. Court holds that appointment of arbitrator by consent of parties is valid and cannot be challenged under Section 11 of the Arbitration and Conciliation Act, 1996.

30 Jul 2015

The judgment pertains to two arbitration petitions filed under Section 11 of the Arbitration and Conciliation Act, 1996. The petitioners in Arbitratio...

High Court

High Court of Karnataka Dismisses Appeal Under Section 37(b) of Arbitration and Conciliation Act, 1996, Upholding Arbitral Award in Gold Ore Transportation Contract Dispute. Court Holds That Arbitrator's Findings on Measurement of Loads and Deductions Are Not Patent Illegality and Cannot Be Reappreciated in Appeal.

7 Dec 2020

The appellant, The Hatti Gold Mines Company Limited, a Karnataka State Government undertaking, was engaged in gold mining. It decided to increase prod...

High Court

High Court of Judicature at Bombay Decides Petitions for Enforcement and Setting Aside of Foreign Arbitration Award — Partial Award on Jurisdiction Upheld; Challenge under Section 34 Considered Inappropriate for Foreign Award. Enforcement of Award under Sections 44-49 Proceeded While Section 34 Petition Found Not Maintainable Against a Foreign Award Governed by English Law.

9 May 2014

The dispute arose from an agency agreement between Perma Container (UK) Line Limited (claimant), a UK company, and Perma Container Line (India) Pvt. L...

High Court

High Court of Judicature at Bombay Holds Writ Petition Not Maintainable Against Arbitrator's Order on Jurisdiction Under Section 16 and Order Appointing Arbitrator Under Section 11; Alternative Remedies U/S 34 and Article 136 Must Be Availed. The court found that an order under Section 11 is challengeable only before the Supreme Court under Article 136, and a Section 16 order can be contested after the award under Section 34, thus barring writ jurisdiction.

17 Oct 2023

This writ petition arose from a contractual dispute between Hindustan Petroleum Corporation Limited (HPCL), a government enterprise, and a joint ventu...

High Court

Bombay High Court Dismisses Petition Challenging Foreign Award for Lack of Jurisdiction — Seat of Arbitration Determined as London, Not India. Parties' Choice of English Law and London Arbitration Excludes Indian Courts' Supervisory Jurisdiction Under Section 34 of the Arbitration and Conciliation Act, 1996.

15 Nov 2011

The petitioner, Sakuma Exports Ltd., a Mumbai-based company, entered into a contract dated 12 January 2010 with the respondent, Louis Drefus Commoditi...

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