Search Results for "arbitral tribunal jurisdiction"

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Search Results for "arbitral tribunal jurisdiction"

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High Court

Bombay High Court Allows Section 11 Application for Appointment of Sole Arbitrator in Insurance Claim Dispute — Flood Damage Claim Referred to Arbitration Despite Surveyor's Inaction. The court held that the existence of an arbitration clause in the insurance policy mandates referral to arbitration, and the surveyor's failure to finalize the claim does not bar arbitration under Section 11 of the Arbitration and Conciliation Act, 1996.

30 Nov 2022

The applicant, M/s. Mallak Specialities Pvt Ltd., an export company engaged in manufacturing specialty chemicals, held a Standard Fire and Special Per...

High Court

High Court of Bombay at Goa Upholds Interim Injunction in Arbitration Matter — Government Restrained from Interfering with Contractor's Work. Performance Guarantee Encashment Found Wrongful; Mandatory Injunction for Reimbursement of Rs.5,50,00,000/- Granted Under Section 9 of Arbitration and Conciliation Act, 1996.

5 Aug 2010

The Government of Goa, represented by the Director of Tourism, filed an appeal under Section 37(1)(a) of the Arbitration and Conciliation Act, 1996, c...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Construction Dispute — No Grounds Under Section 34 of Arbitration and Conciliation Act, 1996 Established. Court held that factual findings of arbitrator cannot be re-opened in Section 34 proceedings and that claims not pressed cannot be revived.

12 Oct 2011

The Petitioner, M/s. Ambika Construction Co., was the original claimant in an arbitration arising out of a construction contract for a Plant Quarantin...

High Court

Bombay High Court Upholds Arbitral Award in Insurance Dispute — Policy Exclusion for Wear and Tear Does Not Apply to Sudden Breakdown. The court held that the majority arbitrators' interpretation of the exclusion clause was plausible and not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

15 Feb 2019

The petitioner, United Phosphorous Limited, purchased a Gas Turbine Engine from GE and obtained an Industrial All Risk Policy from the respondent, Uni...

High Court

Bombay High Court Grants Injunction Against Invocation of Bank Guarantees in Arbitration Dispute — Prima Facie Case of Fraud and Irretrievable Injustice Established. Court held that unconditional bank guarantees cannot be invoked where there is a clear fraud of which the bank has notice or where irretrievable injustice would result.

17 Jan 2013

The petitioner, M/s. ANCL & Co. (India) Pvt. Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking an injuncti...

High Court

Bombay High Court Allows Appointment of Court Receiver in Redevelopment Dispute — Interim Relief Granted to Developer Against Dissenting Society Members. The Court held that balance of convenience favored appointment of Receiver to preserve subject matter pending arbitration under Section 9 of the Arbitration and Conciliation Act, 1996.

16 Sep 2013

The petitioner, Shree Krishna Homes Pvt. Ltd., a developer, entered into a development agreement dated 14th December 2011 with respondent No.1, a coop...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Partnership Dispute — No Grounds for Interference Under Article 227 as Arbitrator's Findings Are Plausible and Not Perverse. The court held that the High Court under Article 227 cannot reappreciate evidence or substitute its view with that of the arbitrator unless the award is perverse or suffers from jurisdictional error.

29 Apr 2026

The petitioner, Abdul Karim Noor Mohammed, filed a writ petition under Article 227 of the Constitution of India challenging an arbitral award passed b...

High Court

Bombay High Court Dismisses Appeals Against Refusal to Injunction Bank Guarantee Encashment in Arbitration Dispute. Court Holds That Fraud or Irretrievable Injustice Must Be Established for Injunction Against Bank Guarantees Under Section 9 of Arbitration and Conciliation Act, 1996.

10 Apr 2018

The appellant, Felguera Gruas India Private Limited (FGIPL), entered into contracts with the first respondent, Tuticorin Coal Terminal Private Limited...

Supreme Court

Supreme Court Allows Appeals Against Appointment of Arbitrator in WAPCOS Ltd. v. Salma Dam Joint Venture. The court held that the arbitration agreement was novated by a subsequent amendment and that the petitioner lacked authority to invoke arbitration after revocation of power of attorney.

14 Nov 2019

The Supreme Court of India heard appeals against the Delhi High Court's order appointing a sole arbitrator under Section 11(6) of the Arbitration and ...

High Court

Bombay High Court Considers GST Liability on Royalty Payments to Court Receiver in Commercial Property Dispute. The Court Examines Whether Payments to a Court Receiver Under Order XL CPC Constitute Taxable Supply Under the CGST Act, 2017 and Whether GST Should be Discharged via Reverse Charge Mechanism.

13 Sep 2019

The Bombay High Court, in a Court Receiver's Report arising from a commercial suit for recovery of possession of three shops used as a restaurant, exa...

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