Search Results for "arbitral tribunal jurisdiction"

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Bombay High Court Dismisses Appeal in Arbitration Matter for Lack of Maintainability — Orders Under Section 34 Not Setting Aside or Refusing to Set Aside Award Are Not Appealable Under Section 37 of the Arbitration and Conciliation Act, 1996.

The case involves an appeal filed by Home Care Retail Marts Private Limited under Section 37 of the Arbitration and Conciliation Act, 1996, challengin...

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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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Bombay High Court Dismisses Arbitration Application Due to Invalid Arbitration Clause. Mere Use of Word 'Arbitration' in Jurisdiction Clause Does Not Constitute Arbitration Agreement Under Section 7 of Arbitration and Conciliation Act, 1996.

The applicant, Reshamsingh and Co. Pvt. Ltd., entered into a charter party agreement with the respondent, Dharti Dredging and Infrastructure Ltd., on ...

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Bombay High Court Allows Section 34 Petition Despite Arbitration at Calcutta Due to Exclusive Jurisdiction Clauses. Parties Bound by Agreement Conferring Exclusive Jurisdiction on Mumbai Courts Over All Disputes.

The petitioner, ISE Securities & Services Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitr...

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Bombay High Court Allows Exclusion of Time Under Section 14 of Limitation Act for Appeal Under Section 35 of FEMA — Appellant Bona Fide Pursued Remedies Before Wrong Forum

The appellant, Rajkumar Shivhare, was issued a show cause notice under Section 3(C) of the Foreign Exchange Management Act, 1999 (FEMA) on 12 January ...

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Bombay High Court Dismisses Petitioners' Challenge to Arbitration Award in Property Dispute — No Ground for Interference Under Article 227. Court upholds concurrent findings of fact by arbitrator and appellate tribunal regarding validity of agreements and possession.

The judgment arises from three writ petitions filed under Article 227 of the Constitution of India challenging an arbitral award and the appellate ord...