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Search Results for "commercial arbitration application"

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High Court

Bombay High Court Dismisses Section 9 Petition Seeking Security for Enhanced Call Price in Share Purchase Dispute — Holds That Emergency Arbitrator's Decision Is Binding and Cannot Be Bypassed by Seeking Parallel Interim Relief from Court. The court found that the petitioners were attempting to circumvent the emergency arbitrator's decision by seeking a different form of security or additional relief, which would undermine the arbitral process.

8 Oct 2024

The petitioners, Ashok Kumar Goel and Vyoman India Private Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, se...

High Court

Bombay High Court Allows Application to Reject Suit Due to Arbitration Clause in Commercial Summary Suit. Dispute Referred to Arbitration Under Section 8 of Arbitration and Conciliation Act, 1996.

13 Dec 2023

The Plaintiff, M/s Railsys Engineers Private Ltd., filed a commercial summary suit against the Defendants, Overseas Infrastructure Alliance Pvt. Ltd. ...

High Court

Bombay High Court Allows Appeal Against Refusal of Interim Relief in Arbitration Dispute Over Share Pledge and Corporate Guarantee — Holds That Prima Facie Case and Balance of Convenience Favored Appellant for Injunction Against Enforcement of Personal Guarantees and Share Pledge Pending Arbitration.

2 May 2023

The appellant, Palmview Investments Overseas Limited, a company incorporated in the British Virgin Islands, filed an appeal against an order of the Co...

High Court

Bombay High Court Upholds Arbitral Award in Limitation Dispute Between Contractor and Municipal Corporation. Court holds that cause of action for arbitration arose on rejection of claim by Commissioner on 6th January 2000, not on earlier dates, and thus reference was within limitation.

10 Mar 2023

The case involves two appeals filed by M/s. R.N. Ghanekar & Co. (Appellant) and the Municipal Corporation of Greater Mumbai (Respondent) against a com...

High Court

Bombay High Court Dismisses Writ Petition Challenging Extension of Arbitral Mandate Under Section 29-A of Arbitration and Conciliation Act, 1996. District Court's Appointment of Sole Arbitrator Upheld as Petitioner's Non-Participation Caused Delay.

14 Sep 2022

The Petitioner, M/s. Magnum Opus IT consulting Private Limited, a company engaged in e-governance, challenged an order dated 03/02/2021 passed by the ...

High Court

Bombay High Court Allows Appointment of Arbitrator in Commercial Dispute Over Unpaid Invoices. Arbitration Agreement Found Valid Through Sales Terms and Conditions on Website and Invoices Accepted by Respondent.

30 Aug 2022

The applicant, Ingram Micro India Pvt. Ltd., a distributor of computer products, filed an application under Section 11 of the Arbitration and Concilia...

Supreme Court

Supreme Court Allows Appeal in Arbitration Enforcement Case — Upholds Arbitral Award Despite Conflicting Jurisdiction Clauses. Court Holds That Where Multiple Agreements Contain Different Arbitration Clauses, a Common Arbitrator Can Be Appointed with Consent, and the Award Is Not Liable to Be Set Aside Under Section 34 of the Arbitration and Conciliation Act, 1996.

1 Jan 2020

The dispute arose between Quippo Construction Equipment Ltd. (appellant) and Janardan Nirman Pvt. Ltd. (respondent) concerning four agreements for hir...

High Court

Bombay High Court Allows Section 11 Applications in International Commercial Arbitration — Habitual Residence Determined at Time of Agreement. Applicant Residing in UAE at Time of Agreement Held to be Habitually Resident Outside India Under Section 2(1)(f)(i) of Arbitration and Conciliation Act, 1996.

22 Feb 2019

The judgment concerns three arbitration applications filed under Section 11 of the Arbitration and Conciliation Act, 1996, by Aslam Ismail Khan Deshmu...

High Court

Bombay High Court Allows Section 11 Application in International Commercial Arbitration — Holds Applicant Habitually Resident in UAE. Interpretation of 'habitually resident' under Section 2(1)(f)(i) of the Arbitration and Conciliation Act, 1996 determines that an Indian national residing in UAE for employment is habitually resident there, making the arbitration international commercial arbitration.

22 Feb 2019

The judgment concerns three arbitration applications filed under Section 11 of the Arbitration and Conciliation Act, 1996, by Aslam Ismail Khan Deshmu...

Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Case — Incorporation of Arbitration Clause by Reference in Sale Orders Under Coal Distribution Scheme. General Reference to Guidelines Containing Arbitration Clause is Sufficient Under Section 7(5) of Arbitration and Conciliation Act, 1996.

1 Feb 2019

The present civil appeal arose from an order of the Jharkhand High Court rejecting an application under Section 11(6) of the Arbitration and Conciliat...

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