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Bombay High Court Allows Substitution of Assignee in Pending Arbitral Proceedings Under Section 15 of Arbitration Act. Assignment of debt includes right to continue arbitration; unilateral appointment of arbitrator by original lender does not invalidate substitution.

The applicant, Integro Finserv Private Limited, an NBFC, filed three applications under Section 14 read with Section 11 read with Section 15 of the Ar...

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Bombay High Court Dismisses Appeal Against Revocation of Leave Under Clause XII of Letters Patent Act in Arbitration Petition. Court Holds That Cause of Action for Section 9 Petition Arises Where Arbitration Agreement Is Situated, Not Where Interim Relief Is Sought.

The appeal arose from a judgment of the learned Single Judge of the Bombay High Court, who allowed Chamber Summons No. 905 of 2013 filed by Respondent...

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High Court of Karnataka Examines Ineligibility of Retired CPWD Officers as Arbitrators under Section 12(5) of Arbitration Act. Appointment of Retired Additional Director General of CPWD as Arbitrator Without Contractor's Consent Violates Seventh Schedule and Mandates Express Agreement Post-Dispute.

The petitioner, a construction company, entered into six separate agreements with the Central Public Works Department (CPWD) for various construction ...

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Supreme Court Upholds International Arbitral Award in Coal Supply Dispute — Damages Awarded for Breach of Contract. Division Bench of Delhi High Court Erred in Setting Aside Majority Award Under Section 37 of Arbitration and Conciliation Act, 1996 as Findings Were Plausible and Not Perverse.

The Supreme Court of India heard an appeal against a Division Bench judgment of the Delhi High Court that had set aside a majority international arbit...

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Bombay High Court Dismisses Appeal Against Arbitral Award in Stockbroker Dispute, Upholds Limitation and Maintainability. The Court held that the claim was within limitation due to acknowledgement of debt and that the arbitration application was maintainable despite directors' disqualification.

The Appellant, Kaynet Finance Limited, a member-broker at the National Stock Exchange of India, was appointed by the Respondent, Verona Capital Limite...

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ARBITRATION PETITION NO.549 OF 2013

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Supreme Court Allows Appeal in Arbitration Dispute — Restores Arbitral Award for Compensation for Unproductive Use of Machinery. Court Holds That High Court Exceeded Its Jurisdiction Under Section 34 of Arbitration and Conciliation Act, 1996 by Reappreciating Evidence and Substituting Its Own View.

The Supreme Court allowed the appeal filed by M/s. Dyna Technologies Pvt. Ltd. against the judgment of the Madras High Court, which had set aside an a...

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Bombay High Court Allows Appeal Against Rejection of Section 9 Application in Arbitration Dispute Over Barge Sale Agreement. Jurisdictional Objection Must Be Decided Before Granting or Refusing Interim Relief Under Section 9 of Arbitration and Conciliation Act, 1996.

The appellant, M/s. Prince Marine Transport Services Pvt. Ltd., filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against...

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Bombay High Court Hears Arbitration Appeal Against Order Setting Aside Arbitral Award in Family Business Dispute. Dispute Centers on Inclusion of Agricultural Lands Held by Individual Family Members in Family Asset Separation Process.

The appeal arose from a family dispute within the Malhotra family of Pune, who owned and controlled several businesses including Weikfield Products Co...