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Search Results for "Arbitration petition"

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High Court

Bombay High Court Allows Arbitration Appeal Against Rejection of Section 9 Application for Appointment of Receiver in BOT Road Contract Dispute. The court held that the appellant contractor had a prima facie case and was entitled to appointment of a receiver to collect tolls pending arbitration under Section 9 of the Arbitration and Conciliation Act, 1996.

16 Nov 2013

The appellant, Ashoka Buildcon Ltd., a construction company, entered into a Build-Operate-Transfer (BOT) contract with the State of Maharashtra for im...

High Court

Bombay High Court Appoints Sole Arbitrator in Partnership Dispute Despite Objections on Privity of Arbitration Agreement. Court limits its inquiry under Section 11(6A) to existence of arbitration agreement, leaving issues of privity and liability to arbitral tribunal under Section 16.

24 Feb 2025

The Petitioner, Darshan Mahendra Nibjya, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a sub...

High Court

Bombay High Court Sets Aside Arbitral Award for Patent Illegality in Rejecting Claims as Non-Arbitrable. Court holds that incorporation of general conditions of contract from main contract into subcontract must be explicit and clear, and that a clause requiring pre-arbitral notification cannot bar arbitration of claims not notified if the clause is not part of the subcontract.

5 Feb 2019

The case involves a challenge to an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. The petitioner, Khurana Constructio...

Supreme Court

Supreme Court Allows Appeal in Arbitration Enforcement Dispute Over Indemnity Timing Under Consent Award. The Court held that an indemnity clause in a consent award creates immediate obligations to protect against liability recovery, not deferred until final confirmation by the highest court of appeal, under Sections 124 and 125 of the Indian Contract Act, 1872 and Section 36 of the Arbitration and Conciliation Act, 1996.

13 Apr 2026

The appeal arose from a judgment of the High Court of Delhi that deferred the execution of a consent award dated 01.03.2019, rendered by the Singapore...

High Court

High Court of Bombay Rejects Application for Appointment of Arbitrator Under Section 11 of Arbitration Act Due to Premature Invocation of Two-Tier Dispute Resolution Clause. The Applicant Failed to First Exhaust the Decision of the Five-Member Committee as Mandated by Clause 21 of the Agreement, Rendering the Application Not Maintainable.

5 Jul 2013

The Miscellaneous Civil Application (Arbitration) No. 920/2012 was filed by The Akola Pravasi Va Malvahtuk Sahakari Sanstah Maryadit, Akola, a coopera...

High Court

High Court of Bombay Dismisses Appeal in Commercial Dispute Over Arbitral Award on Repairs and Interest. The court upheld the Single Judge's order setting aside findings on repairs as perverse and reduced interest rate from 18% to 9% per annum.

18 Aug 2022

The appeal under Section 37 of the Arbitration and Conciliation Act, 1996, was filed by Interocean Shipping (India) Pvt Ltd against an order of the le...

Supreme Court

Supreme Court Allows Appeals in Arbitration Reference Dispute Between Brothers Over Partnership Properties. Court holds that Section 8 of the Arbitration and Conciliation Act, 1996 requires the court to refer parties to arbitration if the subject matter of the suit is covered by an arbitration agreement, regardless of whether the suit is for injunction.

1 Jan 2023

The appeals arose from a judgment of a Single Judge of the High Court of Punjab and Haryana dated 1 August 2017, which had set aside orders of the Civ...

Supreme Court

Supreme Court Restores Arbitral Award; Limits Court Intervention in Arbitration Scope of judicial intervention in arbitration is limited under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996.

27 Sep 2024

Acts and Sections Discussed: Arbitration and Conciliation Act, 1996 Section 34: Application for setting aside an arbitral award. Section 37: Ap...

High Court

Bombay High Court Makes Arbitration Award Rule of Court in Favour of Petitioner Despite Pending Supreme Court Appeal. No Stay of Execution Obtained by Respondent, Award Enforceable Under Section 17 of Arbitration Act, 1940.

21 Jun 2006

The petitioner, Bharat Petroleum Corporation Ltd., filed an Arbitration Petition under Section 17 of the Arbitration Act, 1940, seeking to make an arb...

Supreme Court

Supreme Court Upholds Dismissal of Time-Barred Petition in Arbitration Dispute. State of West Bengal's Appeal Rejected; Three-Month Limitation Period Strictly Enforced

8 Jul 2024

The State of West Bengal appointed the respondent as a contractor for bridge construction. Following a dispute, the respondent invoked arbitration, re...

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