Search Results for "Arbitral Tribunal Jurisdiction"

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Bombay High Court Allows Appointment of Arbitrator in Insurance Dispute Despite Insurer's Denial of Liability. Arbitration Clause in Comprehensive Mega Risks Insurance Policy Held to Survive Repudiation of Claim.

The applicant, Essar Steel India Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an ...

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Bombay High Court Dismisses Appeal in Arbitration Matter — Service Tax Reimbursement Denied for Non-Submission of Cenvatable Documents. Contractual Condition Requiring Submission of Cenvatable Documents for Service Tax Reimbursement Upheld as Valid and Enforceable.

The appeal arose from a judgment of a Learned Single Judge dismissing a petition under Section 34 of the Arbitration and Conciliation Act, 1996, which...

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Bombay High Court Restrains Encashment of Bank Guarantee in Arbitration Dispute Between Contractor and Sub-Contractor. Court finds that invocation of bank guarantee was fraudulent and would cause irretrievable injustice to the petitioner.

The petitioner, Simplex Infrastructure Limited, a civil and structural construction company, entered into a sub-contract with respondent No. 1, Siemen...

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Bombay High Court Allows Section 11 Application Without Clause 12 Leave in Arbitration Dispute Over Pharmaceutical Supply Agreement. Court Holds That Section 11 Application Is Not a Suit and Leave Under Clause 12 of Letters Patent Is Not Required When Cause of Action Arises in Mumbai.

The applicant, VHB Life Sciences Limited, filed an application under section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of ...

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Bombay High Court Dismisses Revision Application in Suit for Declaration and Injunction — Order Rejecting Application Under Order 7 Rule 11 CPC Upheld. Plaint Discloses Cause of Action and Is Not Barred by Law Under Order 7 Rule 11 CPC.

The case involves a civil revision application filed by the original defendants (M/s New Shelter Enterprises and its proprietors) challenging an order...

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High Court of Judicature at Bombay Appoints Sole Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 in a Commercial Contract Dispute. Appointment Made after Respondent Failed to Prove Valid Appointment of Arbitrator Despite Alleged Forfeiture of Right.

The dispute arose from an agreement dated 8 January 2003 between Voltas Limited (applicant) and Rolta India Limited (respondent) for the supply, erect...

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Supreme Court Sets Aside Ex-Parte Arbitral Awards for Lack of Valid Arbitration Agreement in Service Dispute. Fraudulent Claims Based on Non-Existent Agreement Cannot Be Enforced; Awards Declared Null and Void.

The case involves an appeal by the State of Uttar Pradesh against an order of the Allahabad High Court dismissing their intra-court appeal against the...

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Bombay High Court Sets Aside Arbitral Award in Stock Broker Dispute — Violation of NSEIL Rules Renders Award Contrary to Public Policy. Trading Member's Squaring Off of Defaulting Client's Position Upheld as Permissible Under Bye-Laws, Award of Damages for Loss of Higher Price Set Aside.

The petitioner, M/s. Ventura Securities Limited, a trading member of the National Stock Exchange of India Ltd. (NSEIL), challenged an arbitral award d...