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Search Results for "arbitral award"

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Supreme Court

Supreme Court Dismisses Appeal in Arbitration Case Upholding Arbitrator's Discretion on Post-Award Interest. The Court held that under Section 31(7)(b) of the Arbitration and Conciliation Act, 1996, the arbitrator has discretion to determine the quantum for post-award interest, and since the award specified interest only on the principal, the statutory default did not apply.

1 Sep 2022

The appeal arose from a judgment of the Delhi High Court dismissing an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, which ch...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Italian Marines in Maritime Shooting Case Based on UNCLOS Arbitral Award and Compensation Settlement. The Court exercised powers under Article 142 of the Constitution of India to close all proceedings, including FIR and bail bonds, after Italy deposited Rs. 10 crores as compensation and all parties agreed to the arbitral award under the United Nations Convention on the Law of the Sea, 1982.

15 Jun 2022

The dispute arose from an incident on 15 February 2012, where two Indian fishermen were killed off the coast of Kerala after being fired upon from the...

Supreme Court

Supreme Court Allows Appeal in Arbitration Award Challenge Due to Improper Delay Condonation and Inadequate Merits Examination. The Court Held That Short Delay in Filing Objections Under Section 34 of Arbitration and Conciliation Act, 1996 Should Have Been Condoned and Remanded for Fresh Consideration on Merits Including Limitation Issues.

30 Mar 2022

The dispute arose from a construction contract dated 6 July 1998 between Haryana Urban Development Authority, Karnal, and M/s. Mehta Construction Comp...

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 Upholds Contempt Proceedings Against Award Debtors for Wilful Disobedience of Court Orders in Arbitration Execution. The Court held that failure to comply with conditional orders for deposit of arbitral award amounts constitutes civil contempt under Section 2(b) of the Contempt of Courts Act, 1971, as it demonstrates wilful disobedience and undermines judicial authority.

10 Mar 2022

The contempt petition was filed by the award creditor, Urban Infrastructure Real Estate Fund, against the respondents for alleged wilful disobedience ...

Supreme Court

Supreme Court Allows Defendant in Commercial Suit to File Written Statement Despite Expiry of 120-Day Limit Due to COVID-19 Disruptions. Time Limit Under Proviso to Order VIII Rule 1 of Code of Civil Procedure, 1908 as Substituted by Commercial Courts Act, 2015 Extended Considering Orders in Suo Motu Writ Petition (Civil) No. 3 of 2020 and Administrative Curtailment of Court Functioning.

14 Feb 2022

The dispute arose from a commercial suit filed by the plaintiff-respondent against the defendant-appellant for recovery of Rs. 3,73,24,821/- with inte...

Supreme Court

Supreme Court Allows Appeal in Arbitration Clause Validity Dispute Under Lease Agreement. The arbitration clause designating the lessee's Managing Director as sole arbitrator is upheld as valid under the Arbitration and Conciliation Act, 1996, absent contravention of public policy.

1 Feb 2022

The Supreme Court heard appeals by Indian Oil Corporation Limited against a judgment of the Bombay High Court. The dispute arose from a lease agreemen...

Supreme Court

Supreme Court Dismisses Plaintiff's Appeal in Partition Suit Based on Res Judicata and Invalid Will. The suit was barred under Section 11 of the Code of Civil Procedure, 1908, as prior litigation had conclusively established a valid partition in 1964, extinguishing the testator's ownership rights and rendering the will ineffective.

27 Jan 2022

The dispute originated from a partition suit filed by the plaintiff, who claimed a one-fourth share in joint family properties based on a will execute...

Supreme Court

Supreme Court Dismisses Recall Application in Arbitration Enforcement Dispute - Upholds Earlier Order Directing Deposit of Awarded Sum with Serious Consequences for Non-Compliance. Court Found Application Was Afterthought Filed After Contempt Proceedings Initiated and Original Order Was Passed After Hearing Both Parties Considering Applicants' Repeated Failure to Comply Despite Multiple Extensions.

25 Jan 2022

The Supreme Court considered a miscellaneous application filed by the applicants (original petitioners) seeking recall of an order dated 28.10.2021 pa...

Supreme Court

Supreme Court Dismisses Recall Application in Arbitration Enforcement Dispute. Court Upholds Earlier Order Directing Deposit of Awarded Amount, Finding Application Was Tactical Move to Avoid Contempt Proceedings After Repeated Failure to Comply with High Court's Deposit Condition.

25 Jan 2022

The Supreme Court dismissed a miscellaneous application seeking recall of its earlier order dated 28.10.2021. The dispute originated from arbitration ...

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