Search Results for "Arbitration Tribunal"

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Search Results for "Arbitration Tribunal"

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High Court

Bombay High Court Dismisses Petition Challenging Arbitrator's Venue Change in Arbitration Dispute — Clause 19.3(b) of Agreement Held to Specify Seat, Not Venue, Under Section 20 of Arbitration and Conciliation Act, 1996.

15 Oct 2024

The petitioner, Dhule Municipal Commissioner, challenged an interim order dated 16/06/2024 passed by the sole Arbitrator in Arbitration Proceeding No....

High Court

Bombay High Court Allows Continuation of Arbitration Proceedings After Amalgamation of Multi-State Cooperative Society into Non-Cooperative Entity. The court held that Section 29A of the Arbitration and Conciliation Act, 1996 does not apply to arbitrations under the Multi-State Co-operative Societies Act, 2002, and that arbitration proceedings survive amalgamation.

20 Mar 2024

The judgment concerns two writ petitions filed by Emerald Realtors Pvt. Ltd. and Dewan Realtors Pvt. Ltd. challenging the continuation of arbitration ...

High Court

Bombay High Court Allows Appointment of Sole Arbitrator in Joint Venture Dispute — Arbitration Clause Survives Termination of Agreement. Section 11 of the Arbitration and Conciliation Act, 1996 invoked for disputes arising from Joint Venture Agreement dated 28th March, 2007.

6 May 2022

The applicant, M/s. Atul & Arkade Realty, a partnership firm engaged in real estate development, filed an application under Section 11 of the Arbitrat...

High Court

Bombay High Court Allows Petition to Refer Dispute to Arbitration in Bank Guarantee Case — Arbitration Agreement Survives Despite Non-Signature of Work Order. The court held that an arbitration agreement need not be signed if there is sufficient evidence of mutual acceptance, and the work order was acted upon by both parties.

30 Sep 2020

The petitioner, M/s Indo Unique Flame Ltd., filed a writ petition challenging the order dated 18th January 2018 passed by the Commercial Court, Nagpur...

High Court

Bombay High Court Allows Section 11 Petition and Appoints Arbitrator Despite Stamp Duty Objection. Court holds that existence of arbitration agreement is a prima facie matter at Section 11 stage, and stamp duty is for arbitrator to decide.

9 Mar 2018

The Petitioner, Coastal Marine Construction and Engineering Limited, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 s...

High Court

Bombay High Court Dismisses Section 9 Petition for Lack of Territorial Jurisdiction in Foreign Award Enforcement. Court holds that under the amended Section 2(1)(e) of the Arbitration and Conciliation Act, 1996, only the High Court having jurisdiction over the subject matter of the award can entertain interim measures, not any court where assets are located.

9 Oct 2017

The petitioner, Trammo DMCC, a company incorporated in the UAE, obtained a foreign arbitral award against the respondent, Nagarjuna Fertilizers and Ch...

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 Appeal Against Arbitral Awards in Share Subscription Dispute — No Interference Under Section 34 of Arbitration Act as Findings of Fact Are Not Re-Examinable. Court upholds arbitral tribunal's findings on breach of representations and warranties in Share Subscription Agreement and Shareholders Agreement, holding that the tribunal's interpretation of contractual terms and assessment of evidence cannot be reappraised under Section 34 of the Arbitration and Conciliation Act, 1996.

5 May 2017

The present appeal arises from the dismissal of two petitions under Section 34 of the Arbitration and Conciliation Act, 1996, by a learned Single Judg...

High Court

Bombay High Court Dismisses Borrower's Challenge to Arbitral Award in Loan Recall Dispute — Interest Rate Reduction and Pre-reference Interest Upheld. Court confirms that arbitrator can reduce contractual interest rate under Section 34 of Arbitration and Conciliation Act, 1996 and award pre-reference interest under Section 31(7)(a) of the Act.

4 Mar 2015

The judgment arises out of eight arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a common arbi...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Refer Dispute to Arbitration Under Section 8 of Arbitration and Conciliation Act, 1996 — Joint Venture Agreements Not Signed by Appellant, No Arbitration Agreement Between Parties.

4 Mar 2010

The appeal arose from an order dated 8 April 2004 passed by the learned trial Judge dismissing Notice of Motion No. 778 of 2004, which was an applicat...

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