Search Results for "Arbitration Act, 1940"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
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Search Results for "Arbitration Act, 1940"

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Supreme Court

Supreme Court Sets Aside Arbitral Award for Unexplained Delay and Unworkability - Restores Parties to Original Positions Under Article 142. Unexplained delay of over three years in pronouncing award and failure to finally settle disputes renders award contrary to public policy under Section 34 of Arbitration and Conciliation Act, 1996.

1 Jan 2025

The Supreme Court of India considered two civil appeals arising from an arbitral award that was reserved on 28.07.2012 but pronounced only on 16.03.20...

High Court

Bombay High Court Allows Arbitration Petitions in Land Acquisition Dispute — Reference to Arbitration Directed Under Section 64 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Dispute over compensation for acquired land referred to arbitration as per statutory mechanism, rejecting objections of limitation and maintainability.

30 Nov -0001

The judgment concerns three arbitration petitions filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an a...

High Court

High Court Appoints Arbitrator in Dispute Under Arbitration and Conciliation Act, 1996 After Previous Arbitrator's Withdrawal Due to Ill Health

12 Feb 2026

The High Court of Bombay heard two commercial arbitration applications filed by Applicants seeking appointment of an arbitrator under Section 11 of th...

High Court

High Court of Karnataka Allows Petition for Appointment of Arbitrator in Partnership Dispute — Unregistered Firm's Petition Under Section 11(6) of Arbitration and Conciliation Act, 1996 Held Maintainable Despite Bar Under Section 69 of Partnership Act, 1932. The court clarified that the bar under Section 69 of the Partnership Act does not apply to applications under the Arbitration Act as the right to seek appointment of an arbitrator arises from the arbitration agreement, not from the partnership deed.

1 Feb 2019

The petitioners, M/s. Sri Vishal Bhavan (an unregistered partnership firm) and its partner H.N. Jayaprakash, filed a petition under Section 11(6) of t...

High Court

Bombay High Court Addresses Section 11 Application for Appointment of Arbitrator; Validity of 20% Claim Cap Clause Under Scrutiny. The Court Examines Whether a Contractual Condition Limiting Arbitration to Claims Not Exceeding 20% of Contract Value Is Arbitrary and Discriminatory.

28 Jan 2026

The dispute arose from a contract dated 7 May 2018 between a contractor and the Central Railways for the preparation of design and structural drawings...

High Court

Bombay High Court Examines Validity of Arbitration Reference and Anti-Suit Injunction in Wind Turbine Technology Licensing Dispute. The Core Issue Revolves Around Whether an Unincorporated IPLA Constitutes a Binding Arbitration Agreement Under Section 45 of the Arbitration and Conciliation Act, 1996.

5 Oct 2012

The dispute arose from a joint venture between Enercon (India) Ltd. and its directors (Petitioners) and Enercon GmbH and Wobben Properties GmbH (Respo...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that where parties have agreed on a procedure for appointment of arbitrator, the court must respect it unless bias or failure is shown.

29 Mar 2019

The Supreme Court heard a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6) of t...

High Court

Bombay High Court Dismisses Application for Appointment of Sole Arbitrator in Partnership Dispute — Arbitration Clause Requires Multiple Arbitrators. The court held that under Section 11(6) of the Arbitration and Conciliation Act, 1996, the arbitration clause specifying 'arbitrators' in plural and 'one by each party' mandates appointment of multiple arbitrators, not a sole arbitrator.

4 Sep 2013

The case involves an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, filed by Mrs. Perin Hoshang Davierwalla and anothe...

High Court

Bombay High Court Allows Appointment of Arbitrator Despite Death of Named Arbitrators in Arbitration Clause. Clause 21 of Agreement Construed as Valid Arbitration Agreement Under Section 7 of Arbitration and Conciliation Act, 1996.

8 May 2012

The Applicant, Global Cements Ltd., entered into an agreement for sale with the Respondent, The Associated Cement Companies Ltd., on 16 December 1989....

High Court

Bombay High Court Dismisses Section 34 Petition Against Arbitral Award in Distributorship Dispute — Rejects Claim for Loss of Profits for Period Without Written Agreement. The court held that the arbitrator's finding that no implied contract existed for the period 14th June 2006 to 31st March 2007 was not perverse or against public policy under Section 34 of the Arbitration and Conciliation Act, 1996.

9 Jun 2015

The petitioner, Diversey India Private Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitr...

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