Search Results for "Arbitral Tribunal Jurisdiction"

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Search Results for "Arbitral Tribunal Jurisdiction"

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High Court

Bombay High Court Sets Aside Ex Parte Arbitral Award for Violation of Natural Justice — Petitioner Denied Opportunity to Present Case Due to Insufficient Notice of Arbitration Proceedings. The court held that the arbitrator's failure to ensure proper service and grant adjournment before proceeding ex parte violated principles of natural justice under Section 34 of the Arbitration and Conciliation Act, 1996.

23 Mar 2015

The petitioner, Rajnikant B. Vora, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an ex parte arbitral a...

High Court

Bombay High Court Allows Interim Application to Set Aside Ex-Parte Arbitral Award Due to Lack of Proper Service and Violation of Natural Justice. Service by email without proof of delivery and newspaper publication without court permission is insufficient under Section 34 of the Arbitration and Conciliation Act, 1996.

31 Mar 2021

The case involves an application under Section 34 of the Arbitration and Conciliation Act, 1996, filed by the respondents in the arbitration (applican...

High Court

Bombay High Court Sets Aside Arbitral Award for Violation of Natural Justice in Cooperative Bank Election Dispute. Arbitrator's Ex-Parte Order Setting Aside Nomination Without Notice to Petitioner Violates Section 84 of Multi-State Cooperative Societies Act, 2002.

18 Apr 2013

The Petitioner, Mohammed Amin Haroon Solkar, a member of Kokan Mercantile Cooperative Bank Ltd. (Respondent No.4), challenged an arbitral award dated ...

High Court

Bombay High Court Allows Writ Petition Challenging Interim Orders Under Section 9 of Arbitration Act — Orders Set Aside for Non-Compliance with Mandatory Pre-Arbitration Procedure. The court held that the learned Principal District Judge lacked jurisdiction to grant interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, as the applicant failed to comply with the mandatory pre-arbitration conciliation procedure agreed upon in the contract.

6 Jun 2017

The petitioners, Mineira Nacional Limitada and others, filed a writ petition challenging two orders dated 13.01.2016 and 29.11.2016 passed by the lear...

High Court

Bombay High Court Dismisses Appeal Against Execution of Arbitral Award. Objections to Award Not Raised Under Section 34 Cannot Be Raised in Execution Proceedings Under Section 36 of Arbitration and Conciliation Act, 1996.

11 Jun 2018

The appellant, DoIt Computer JV, a joint venture company, was a registered contractor of the Municipal Corporation of Greater Mumbai (respondent). Dis...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Dealership Dispute Over Supply of Spurious Bearings and Non-Delivery. Court Upholds Termination for Breach of Implied Warranty of Genuineness but Remits Damages for Non-Delivery for Reconsideration.

7 Feb 2019

The judgment concerns cross arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award arisin...

High Court

Bombay High Court Upholds Arbitrator's Interim Injunction in Franchise Dispute Over Trademark Use. Negative Covenant in Franchise Agreement Restrains Use of Mark Containing 'Kamats' After Termination.

27 Jul 2017

The dispute arose out of a franchise agreement dated 24 March 2011 between Deepak Thorat (Petitioner) and Vidli Restaurant Ltd. (Respondent), with Vit...

High Court

Bombay High Court Dismisses Appeal Against Order Holding Lack of Jurisdiction to Entertain Section 34 Petition Under Arbitration and Conciliation Act, 1996 — Lease Agreement's Arbitration Clause Referred to Arbitration Act, 1940, But Court Applies Section 2(4) of 1996 Act to Determine Jurisdiction Based on Seat of Arbitration.

26 Sep 2013

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court dated 23 January 2013, which held that the Bombay High Court had n...

High Court

High Court of Bombay Upholds Arbitral Award in Favor of Contractor in Railway Contract Dispute — Extension of Time Granted Without Protest Bars Claim for Liquidated Damages and Interest on Delayed Payments is Allowed Under Interest Act, 1978.

7 Apr 2015

The petitioner, Union of India, acting through the Chief Electrical Engineer (Construction), Central Railway, awarded a contract to the respondent, M/...

High Court

Bombay High Court Upholds Arbitral Award in Limitation Dispute Between Contractor and Municipal Corporation. Court holds that cause of action for arbitration arose on rejection of claim by Commissioner on 6th January 2000, not on earlier dates, and thus reference was within limitation.

10 Mar 2023

The case involves two appeals filed by M/s. R.N. Ghanekar & Co. (Appellant) and the Municipal Corporation of Greater Mumbai (Respondent) against a com...

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