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Search Results for "arbitral tribunal jurisdiction"

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Supreme Court

Supreme Court Reduces Interest Rate in Arbitration Award for Construction Contract Dispute. Court exercises Article 142 powers to modify arbitral interest from 18% to 10% per annum simple interest, with condition that original rate applies if payment not made within eight weeks.

2 Sep 2019

The Supreme Court disposed of an appeal by the Post Graduate Institute of Medical Education and Research, Chandigarh, against a High Court judgment af...

High Court

Bombay High Court Allows Arbitration Application Under Section 11 of Arbitration Act, Condoning 258-Day Delay. Court Appoints Sole Arbitrator to Adjudicate Partnership Disputes Arising from Deed of Alteration of Partnership Dated 10 April 2013.

7 Apr 2026

The applicant, Infra Poonam Developers LLP, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an ...

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 ...

High Court

Bombay High Court Dismisses Arbitration Petition as Time-Barred Under Section 34 of Arbitration and Conciliation Act, 1996 — Petition Filed Beyond Three-Month Limitation Period Without Sufficient Cause for Delay.

4 Feb 2015

The petitioner, M/s. Adityasai Cotspin Pvt. Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 in the Bombay High C...

High Court

High Court of Bombay Sets Aside Arbitral Award for Perversity and Lack of Counterclaim in Contract Dispute. Arbitrator Cannot Award Money in Favour of Non-Appearing Party Without Counterclaim Under Section 34 of Arbitration and Conciliation Act, 1996.

27 Feb 2012

The Union of India filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award passed by a sole arb...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Award in Share Transaction Dispute — Limitation Period Governed by Limitation Act, 1963 Pursuant to SEBI Circulars. The court held that SEBI circulars override stock exchange byelaws, and the claim filed within three years under the Limitation Act was not barred.

24 Jul 2013

The appeal arose from a judgment of a learned Single Judge dismissing a petition under Section 34 of the Arbitration and Conciliation Act, 1996. The a...

High Court

Bombay High Court Allows Appeal in Arbitration Matter, Restores Arbitral Award. Court holds that Section 34 of the Arbitration and Conciliation Act, 1996, does not permit reappreciation of evidence or substitution of the arbitrator's view, and the Single Judge exceeded jurisdiction by setting aside the award on merits.

14 Jun 2016

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, against a judgment dated 29th July 2015, whereby the learn...

High Court

Bombay High Court Terminates Arbitrator Mandate Due to Expiry of Time Limit Under Arbitration Clause — Failure to Complete Arbitration Within Stipulated Period Results in Termination of Arbitrator's Authority. The court held that the mandate of the arbitrator stood terminated under Section 14(2) of the Arbitration and Conciliation Act, 1996, as the arbitration was not completed within the time limit prescribed in clause 21 of the agreement.

1 Mar 2012

The petitioner, Teltech Instrumentation Pvt. Ltd., filed an arbitration petition under Section 14(2) of the Arbitration and Conciliation Act, 1996, se...

Supreme Court

Supreme Court Dismisses Creditor-Bank's Appeal in Insolvency Notice Case — Recovery Certificate Issued by DRT Cannot Form Basis for Insolvency Notice under Section 9(2) of Presidency Towns Insolvency Act, 1909. The Court Holds That Term 'Decree or Order' in Section 9(2) Must Be Strictly Construed to Exclude Recovery Certificates as the Insolvency Act Carries Grave Civil Consequences and Insolvency Notice Is Not a Mode of Execution.

1 Jan 1970

The dispute arose from an attempt by a creditor-bank to initiate insolvency proceedings against a guarantor director based on a recovery certificate i...

High Court

Bombay High Court Dismisses Suit for Declaration and Injunction in Share Dispute Due to Limitation and Lack of Urgency. Plaintiff's claim for declaration of share ownership and rectification of register barred by limitation under Article 58 of Limitation Act, 1963 as cause of action arose in 1998 but suit filed in 2008.

16 Mar 2017

The plaintiff, Messer Holdings Limited, a company incorporated in British Virgin Islands, filed a suit in 2008 seeking a declaration that it is the ow...

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