Search Results for "arbitrators jurisdiction"

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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...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "arbitrators jurisdiction"

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Supreme Court

Supreme Court Allows Appeals in Arbitration Time Extension Dispute — Holds Application Under Section 29A(5) Can Be Filed After Expiry of Arbitral Tribunal's Mandate. The court resolved the conflict among High Courts by interpreting Section 29A(4) and (5) of the Arbitration and Conciliation Act, 1996 to permit post-expiry extension applications, overruling the Calcutta High Court's decision in Rohan Builders.

1 Jan 2024

The Supreme Court of India, in a batch of civil appeals arising from Special Leave Petitions, addressed a significant conflict among High Courts regar...

High Court

High Court Dismisses Petition Challenging Arbitral Tribunal's Jurisdictional Ruling in Contract Dispute — Novation of Contracts and Non-Assignment of Arbitration Agreement. The court held that the original contracts were novated by subsequent agreements, and the arbitration clause did not pass to the petitioner by merger, thus the tribunal lacked jurisdiction.

20 Jul 2016

The petitioner, DLF Power Limited (now Eastern India Powertech Limited), filed a petition under Section 37 of the Arbitration and Conciliation Act, 19...

High Court

Bombay High Court Adjudicates Applications for Appointment of Arbitrator under Section 11 of Arbitration and Conciliation Act, 1996 in Partnership Dispute. The Court considered whether to appoint a sole arbitrator for disputes arising from a partnership deed containing multiple arbitration clauses.

28 Aug 2014

The applicants, Prakash Cotton Mills Pvt. Ltd. and Bharat Barrel And Drum Manufacturing Company Pvt. Ltd., filed two arbitration applications under Se...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Railway Contract Dispute — Upholds Claims 1 and 4, Sets Aside Claims 5, 7, and 13 for Lack of Evidence and Non-Application of Mind. The court held that the arbitral tribunal failed to apply its mind to contractual provisions and evidence, rendering the award patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

6 May 2015

The Union of India (petitioner) filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a majority arbitral award...

High Court

Bombay High Court Allows Appointment of Arbitrator in Municipal Construction Dispute Under Section 11(6) of Arbitration Act — Respondent Forfeits Right to Appoint by Delay. The Court held that the ineligibility under Section 12(5) read with Seventh Schedule can be waived, and the Respondent forfeited its right to appoint an arbitrator by failing to act within the prescribed time.

27 Jan 2023

The Petitioner, PSP Projects Limited, a construction company, was awarded a contract by the Respondent, Bhiwandi Nizampur City Municipal Corporation, ...

High Court

Bombay High Court Allows Appointment of Arbitrator in Insurance Dispute Despite Insurer's Denial of Liability. Arbitration Clause in Comprehensive Mega Risks Insurance Policy Held to Survive Repudiation of Claim.

21 Oct 2016

The applicant, Essar Steel India Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an ...

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...

High Court

Bombay High Court Hears Arbitration Petitions Challenging Arbitral Award in Dispute Over Supply of Pulverised Fly Ash from Thermal Power Plant. The petitions, filed under Section 34 of the Arbitration and Conciliation Act, 1996, seek to set aside the award that rejected claims for specific performance and damages arising from an agreement dated 4 October 2000.

24 Jul 2014

The dispute arose from a long-term agreement dated 4 October 2000 between Dirk India Private Limited (Dirk India) and Maharashtra State Electricity Ge...

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

Bombay High Court Dismisses Appeal by Municipal Corporation in Arbitration Dispute — 1996 Act Applies to Proceedings Commenced After Its Enforcement. Failure to Appoint Arbitrator Within 30 Days Under Section 10 of Arbitration and Conciliation Act, 1996 Results in Default Appointment of Sole Arbitrator.

3 Mar 2005

The case involves an appeal by the Municipal Corporation of the City of Pune against a judgment of the 3rd Extra Joint District Judge, Pune, in Misc. ...

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