Search Results for "Arbitration Act, 1940"

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Search Results for "Arbitration Act, 1940"

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Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that where parties have agreed on a procedure for appointment of arbitrator, the court must respect it unless bias or failure is shown.

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 Application for Appointment of Sole Arbitrator in Partnership Dispute — Arbitration Clause Requires Multiple Arbitrators. The court held that under Section 11(6) of the Arbitration and Conciliation Act, 1996, the arbitration clause specifying 'arbitrators' in plural and 'one by each party' mandates appointment of multiple arbitrators, not a sole arbitrator.

4 Sep 2013

The case involves an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, filed by Mrs. Perin Hoshang Davierwalla and anothe...

High Court

Bombay High Court Allows Appointment of Arbitrator Despite Death of Named Arbitrators in Arbitration Clause. Clause 21 of Agreement Construed as Valid Arbitration Agreement Under Section 7 of Arbitration and Conciliation Act, 1996.

8 May 2012

The Applicant, Global Cements Ltd., entered into an agreement for sale with the Respondent, The Associated Cement Companies Ltd., on 16 December 1989....

High Court

Bombay High Court Dismisses Section 34 Petition Against Arbitral Award in Distributorship Dispute — Rejects Claim for Loss of Profits for Period Without Written Agreement. The court held that the arbitrator's finding that no implied contract existed for the period 14th June 2006 to 31st March 2007 was not perverse or against public policy under Section 34 of the Arbitration and Conciliation Act, 1996.

9 Jun 2015

The petitioner, Diversey India Private Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitr...

High Court

Bombay High Court Partially Upholds Arbitral Award in Construction Contract Dispute Between L&T and HPCL — Court Sets Aside Award on Claims for Extra Work and Interest, Upholds Claims for Refund of Liquidated Damages and Escalation. The court restored the arbitrator's award on refund of liquidated damages and escalation, holding that the Single Judge exceeded the limited scope of Section 34 of the Arbitration and Conciliation Act, 1996.

16 Sep 2016

The case involves two appeals under Section 37 of the Arbitration and Conciliation Act, 1996, arising from a judgment of a learned Single Judge of the...

High Court

ARBITRATION PETITION NO.549 OF 2013

9 Jun 2017

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Supreme Court

Supreme Court Dismisses Cantonment Board's Appeal in Arbitration Appointment Dispute. Limitation period for Section 11 application under Arbitration and Conciliation Act, 1996 runs from date of refusal to appoint arbitrator, not from request date, under Article 137 of Limitation Act, 1963, and no claim certificate does not extinguish arbitration clause.

15 Mar 2021

The dispute arose from three contracts dated 23.09.2000 and 17.09.2001 between Secunderabad Cantonment Board (appellant) and M/s B. Ramachandraiah & S...

Supreme Court

Supreme Court Allows Contractor's Appeal in Arbitration Dispute Over Time-Barred Claims and Legal Misconduct — Award Set Aside by Lower Courts Restored. The Court held that the arbitrator had jurisdiction to decide limitation and contractual issues, and the award was not vitiated by legal misconduct under the Indian Arbitration Act, 1940.

22 Aug 2023

The case involves a dispute arising from a road construction contract awarded in 1983 by the Government of Maharashtra Irrigation Department to M/s S....

Supreme Court

Supreme Court Allows Appeal in Arbitration Jurisdiction Dispute, Holds Ahmedabad Courts Competent for Section 34 Petition. Mutual Consent to Shift Venue to Ahmedabad Established Seat There, Granting Exclusive Jurisdiction Under Arbitration and Conciliation Act, 1996, Overriding Original Clause Designating Rajasthan Courts.

13 Apr 2021

The appeal arose from a dispute over jurisdiction for a Section 34 petition under the Arbitration and Conciliation Act, 1996. The appellant, Inox Rene...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Section 34 Petition in Arbitration Dispute Over Bridge Construction. Arbitral Award Upheld as Not Contrary to Public Policy Under Section 34 of Arbitration and Conciliation Act, 1996.

8 Feb 2013

The appellant, Konkan Railway Corporation Limited (owner), entered into a contract with the respondent, M/s. Oriental Construction Company Limited (co...

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