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Search Results for "commercial arbitration application"

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Supreme Court

Supreme Court Refers Group of Companies Doctrine to Larger Bench in Arbitration Dispute Over Software Agreement. Questions validity of applying the doctrine to bind non-signatory parent company to arbitration under Sections 8, 11, 35, and 45 of the Arbitration & Conciliation Act, 1996.

13 Sep 2024

The petitioner, Cox & Kings Ltd., filed a petition under Section 11(6) read with Section 11(12)(a) of the Arbitration & Conciliation Act, 1996, seekin...

High Court

Bombay High Court Allows Appointment of Arbitrator in Commercial Dispute Over Coal Supply Contracts — Failure to Provide Load Port Report Constitutes Dispute. Court holds that existence of arbitration clause and failure of respondent to appoint arbitrator entitles petitioner to seek appointment under Section 11(6) of Arbitration and Conciliation Act, 1996.

29 Feb 2024

The petitioner, Era International, a partnership firm engaged in importing coal, entered into three sale contracts with the respondent, Aditya Birla G...

High Court

Bombay High Court Dismisses Petition Challenging MSMED Act Arbitral Award on Limitation and Territorial Jurisdiction. Court holds that limitation for arbitration under Section 18 of MSMED Act is governed by Article 137 of Limitation Act, 1963, and that the court where the arbitration is held has exclusive jurisdiction under Section 42 of Arbitration Act.

27 Jan 2023

The petitioner, Gammon Engineers & Contractors Pvt. Ltd., challenged an arbitral award dated 24 September 2020 passed by the Facilitation Council unde...

Supreme Court

Supreme Court Allows Landowner's Appeal in Arbitration Dispute Over Development Agreement Validity. Clause 18 of Development Agreement Held as Valid Arbitration Agreement Under Section 7 of Arbitration and Conciliation Act, 1996, Reversing High Court's Dismissal of Section 11 Application.

7 Sep 2022

The dispute originated from a Development Agreement dated 29.05.2014 between the appellant landowner and respondent developer for construction of an a...

Supreme Court

Supreme Court Quashes Calcutta High Court's Order Appointing Arbitrator Due to Lack of Territorial Jurisdiction. Territorial Jurisdiction for Section 11 Application Under Arbitration and Conciliation Act, 1996 Depends on Court as Defined in Section 2(1)(e), Not Merely on Seat Designation in Arbitration Clause.

24 Mar 2022

The appeals arose from orders of the Calcutta High Court dated 13 August 2021 and 4 October 2021. The appellant and respondent had entered into a deve...

Supreme Court

Supreme Court Allows Appeal in Arbitration Jurisdiction Dispute — Venue Designation as Bhubaneswar Constitutes Exclusive Seat for Supervisory Court. Madras High Court Erred in Assuming Jurisdiction Under Section 11(6) of Arbitration and Conciliation Act, 1996 Despite Parties' Agreement Fixing Bhubaneswar as Venue/Seat.

1 Jan 2019

The appeal arose from a dispute between Brahmani River Pellets Limited (appellant) and Kamachi Industries Limited (respondent) concerning a contract f...

High Court

Bombay High Court Allows Substitution of Arbitrator in Sports Contract Disputes Under Sections 11 and 15(2) of Arbitration Act. Arbitrator's failure to render award within statutory period and subsequent resignation justified substitution despite respondent's objection.

22 Jan 2013

The judgment concerns a group of arbitration applications filed under Section 11 and Section 15(2) of the Arbitration and Conciliation Act, 1996, by s...

High Court

Bombay High Court Dismisses Section 9 Petition in International Commercial Arbitration with Foreign Seat. Court holds that Part I of Arbitration Act, 1996 does not apply where seat of arbitration is outside India, and no interim relief can be granted under Section 9.

6 Nov 2012

The petitioner, BG Strategic Advisors, LLC, a Florida corporation, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, see...

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 Allows Appointment of Arbitrator in Transport Agreement Dispute Despite Alleged Settlement. Arbitration clause survives termination of contract and disputes regarding compensation are arbitrable under Section 11 of the Arbitration and Conciliation Act, 1996.

15 Oct 2010

The applicant, United Shippers Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an...

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