Search Results for "Arbitrability"

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Search Results for "Arbitrability"

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High Court

High Court of Karnataka Allows Appointment of Sole Arbitrator in Housing Society vs Contractor Dispute Under Section 11(6) of Arbitration and Conciliation Act, 1996. Court holds that existence of arbitration clause in agreement dated 30.06.2006 mandates appointment of arbitrator, leaving objections regarding limitation and pre-arbitral conditions to be decided by the arbitrator.

14 Nov 2025

The petitioner, Sri. Ramakrishna House Building Co-operative Society (R) (South), filed three civil miscellaneous petitions under Section 11(6) of the...

Supreme Court

Supreme Court Allows Appeal in Consumer Dispute Over Housing Loan Disbursement — No Privity of Contract Between Complainant and Bank. Complainant Not a 'Consumer' Under Section 2(1)(d) of Consumer Protection Act, 1986 as No Service Was Hired or Availed from the Appellant Bank.

20 Mar 2025

The present appeal arises from a consumer complaint filed by the respondent (original complainant) against the appellant bank before the National Cons...

Supreme Court

Supreme Court Dismisses Section 11 Petition for Appointment of Arbitrator in International Commercial Arbitration Dispute. Seat of Arbitration Held to be Dubai, UAE, Not India, Based on Express Terms of Distributorship Agreement.

15 Nov 2024

The present petition was filed under Section 11(6)(a) read with Section 11(12)(a) of the Arbitration and Conciliation Act, 1996, seeking appointment o...

Supreme Court

Supreme Court Allows Arbitration in Partnership Dispute Involving Simple Allegations of Fraud. Court appoints arbitrator under Section 11 of Arbitration and Conciliation Act, 1996, distinguishing between serious and simple fraud allegations.

4 Sep 2019

The present case arises out of a partnership dispute between Rashid Raza (appellant) and Sadaf Akhtar (respondent). An FIR dated 17.11.2017 was lodged...

High Court

Bombay High Court Allows Arbitration Petition Under Section 34 of Arbitration and Conciliation Act, 1996, Setting Aside Arbitral Award for Patent Illegality and Violation of Natural Justice. Award declared firm dissolved on a date not claimed by any party and failed to consider crucial evidence regarding partnership property.

5 Jun 2017

The Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenges an arbitral award dated 1st August 2006. The petiti...

High Court

Bombay High Court Dismisses Developer's Section 9 Petition for Appointment of Court Receiver in Redevelopment Dispute. Court holds that disputes regarding possession of flats by dissenting members are not arbitrable under the agreement and that the developer failed to establish a prima facie case for interim relief.

10 Feb 2016

The petitioner, Aditya Developers, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking appointment of a Court Rece...

High Court

High Court of Karnataka Allows Appeal in Arbitration Reference Case — Distinction Between Section 34 of 1940 Act and Section 8 of 1996 Act Clarified. Order Referring Parties to Arbitration Set Aside as Trial Court Failed to Consider Whether Dispute is Arbitrable and Whether Application Under Section 8 Was Maintainable After Filing Written Statement.

9 Oct 2015

The appellant, Sri G.R. Amarnath, filed a writ appeal under Section 4 of the Karnataka High Court Act, 1961, challenging the judgment and order dated ...

High Court

Bombay High Court Upholds Arbitral Award for Liquidated Damages in Trainee Bond Dispute — Liquidated Damages of Rs. 2 Lakhs Upheld as Reasonable Pre-Estimate of Loss

9 Apr 2013

The petitioners, Madhur Pandey (trainee) and his guarantors (mother and aunt), challenged an arbitral award dated 7 September 2011 passed by a sole ar...

High Court

Bombay High Court Dismisses Insurance Company's Challenge to Arbitral Award in Trust and Coverage Dispute. Majority Award Upheld as Not Patently Illegal Under Section 34 of the Arbitration and Conciliation Act, 1996.

21 Jan 2013

The petitioner, The New India Insurance Company Limited, challenged an arbitral award dated 27 July 2009 passed by a three-member Arbitral Tribunal un...

Supreme Court

Supreme Court Dismisses Section 11 Petition for Appointment of Arbitrator in International Commercial Arbitration Dispute. Holds that BSA governed by Benin law with foreign seat cannot be brought under Part I of Arbitration Act, and issue estoppel applies due to dismissal of anti-arbitration injunction.

30 Nov -0001

The Supreme Court dismissed an arbitration petition filed by Balaji Steel Trade under Section 11(6) of the Arbitration and Conciliation Act, 1996, see...

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