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Supreme Court Allows Appeal of Foreign Company in Arbitration Dispute — Holds That Foreign Award Cannot Be Challenged Under Section 34 of Arbitration Act. Challenge to Foreign Award Lies Only Under Sections 47-48 for Enforcement, Overruling Bombay High Court's Reliance on Bhatia International.

The appellant, Noy Vallesina Engineering SpA (now Noy Ambiente S.p.a), an Italian company, challenged a judgment of the Bombay High Court which held t...

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Madras High Court Partly Allows Appeal in Arbitration Matter — Upholds Arbitral Award Except for Claim No.6. Post-Contractual Changes in Pipeline Alignment and Scope Reduction Lead to Dispute Over Additional Costs and Delay.

The appellant, Chennai Metropolitan Water Supply and Sewerage Board, invited tenders for construction of a Permeate Conveyance Pipeline as part of a p...

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Bombay High Court Allows Petition Under Section 14(2) of Arbitration Act, Setting Aside Arbitrator's Termination of Proceedings for Delay in Filing Statement of Claim. Arbitrator's Refusal to Condoned Minimal Delay and Termination Held Arbitrary and Amounting to De Jure Inability to Act.

The petitioners, original claimants in arbitral proceedings, filed a petition under Section 14(2) and Section 32(2) of the Arbitration and Conciliatio...

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Bombay High Court Upholds Labour Court's Finding of Violation of Sections 25F and 25G, Industrial Disputes Act, 1947, But Questions Reinstatement Relief. The Court Examines Whether Reinstatement with Back Wages Is Mandatory for a Daily-Wager Illegally Retrenched from a Temporary Afforestation Scheme.

The writ petition arose from a challenge by the employer, the Social Forestry Department of the Government of Maharashtra, against the concurrent orde...

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Supreme Court Restores Arbitral Award in Coal Supply Dispute, Upholds Plausible Contract Interpretation. High Court Exceeded Section 37 Jurisdiction by Substituting Its Own Construction of Coal Mining and Delivery Agreement.

The dispute arose from a Coal Mining and Delivery Agreement (CMDA) executed on 16.07.2008 between Parsa Kente Collieries Limited (appellant) and Rajas...

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High Court of Karnataka Allows Appeal in Commercial Dispute Over Arbitral Award Set Aside by Commercial Court. Court Restores Arbitral Award Holding That the Commercial Court Exceeded Its Jurisdiction Under Section 34 of the Arbitration and Conciliation Act, 1996 by Reappreciating Evidence.

The case involves a commercial dispute between Navayuga Engineering Company (appellant) and Bangalore Metro Rail Corporation Limited along with other ...

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High Court of Karnataka Dismisses Revision Petition Against Arbitral Tribunal Order as Not Maintainable Under Section 115 CPC. Arbitral Tribunal Held Not a Court Subordinate to High Court, Hence Revision Not Maintainable.

The petitioner, The Karnataka Jesuit Educational Society, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC)...