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Search Results for "arbitration challenge"

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Supreme Court

Supreme Court Appoints Independent Arbitrator in Perkins Eastman v. HSCC Dispute — Clause 24 Arbitration Mechanism Invalid Due to Lack of Impartiality. The Court held that a person ineligible to act as arbitrator cannot appoint an arbitrator, relying on TRF Limited v. Energo Engineering Projects Limited.

29 Nov 2019

The Supreme Court considered an application under Section 11(6) read with Section 11(12)(a) of the Arbitration and Conciliation Act, 1996, and the App...

Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Case — Issue of Accord and Satisfaction to be Decided by Arbitrator Under Section 11(6A) of Arbitration Act, 1996. The Court held that the High Court erred in refusing appointment on ground of full and final settlement, as the limited jurisdiction under Section 11(6A) only permits examination of existence of arbitration agreement.

5 May 2023

The appellant, M/s. Shree Vishnu Constructions, entered into an agreement with the respondents (Military Engineering Service) on 22.07.2010 for constr...

High Court

Bombay High Court Dismisses Appeal Against Arbitration Award in Property Division Dispute. Power of Attorney Appointing Panchas Held to Be Valid Arbitration Agreement Under Section 7 of Arbitration and Conciliation Act, 1996.

6 Aug 2012

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

High Court

Bombay High Court Allows Arbitration Reference in Bank Guarantee Dispute — Dealership Agreement Contains Valid Arbitration Clause. The court held that the trial court erred in rejecting the Section 8 application by examining the scope of the arbitration clause, as the bank guarantee was a security under the dealership agreement and the dispute was covered by the arbitration agreement.

11 Apr 2011

The petitioner, Escorts Limited (defendant No.1), filed a Civil Revision Application challenging the order of the 3rd Joint C.J.S.D., Aurangabad, date...

High Court

COMMERCIAL ARBITRATION PETITION NO. 350 OF 2017

28 Jan 2020

The case concerns two petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated 14 February ...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — Pre-Amendment Act Applies; No Claim Certificate Does Not Bar Arbitration; Mutually Agreed Procedure Must Be Respected

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 Arbitration Petitions for Enforcement of Foreign Awards Due to Non-Compliance with Section 47 of the Arbitration and Conciliation Act, 1996 — Failure to Produce Original or Certified Copies of Arbitration Agreement and Award Renders Petitions Not Maintainable.

30 Nov -0001

The judgment concerns two arbitration petitions filed by Armada (Singapore) Pte. Ltd. against Ashapura Minechem Ltd. seeking enforcement of foreign aw...

High Court

Bombay High Court Allows Appointment of Arbitrator in Commercial Dispute Over Coal Supply Contracts — Failure to Provide Load Port Report Constitutes Dispute. Court holds that existence of arbitration clause and failure of respondent to appoint arbitrator entitles petitioner to seek appointment under Section 11(6) of Arbitration and Conciliation Act, 1996.

29 Feb 2024

The petitioner, Era International, a partnership firm engaged in importing coal, entered into three sale contracts with the respondent, Aditya Birla G...

High Court

Bombay High Court Dismisses Arbitration Petition for Appointment of Arbitrator in Family Property Dispute — No Arbitration Agreement Exists Between Parties. Will Clause Cannot Substitute Arbitration Agreement Under Section 7 of Arbitration and Conciliation Act, 1996.

30 Nov -0001

The petitioner, Mrs. Padmini Chandran Menon, filed an Arbitration Petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking app...

High Court

Bombay High Court Sets Aside Arbitrator's Interim Award Impleading Non-Signatory in Arbitration Petition Under Section 34 of the Arbitration and Conciliation Act, 1996. Court holds that an arbitral tribunal cannot implead parties who are not signatories to the arbitration agreement as it lacks inherent jurisdiction.

27 Mar 2024

The Petitioner, Cardinal Energy and Infra Structure Private Ltd., filed a Commercial Arbitration Petition under Section 34 of the Arbitration and Conc...

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