Search Results for "arbitration mandate"

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Search Results for "arbitration mandate"

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Supreme Court

Upholding Autonomy Amidst Settlement Disputes Exploring Legal Principles and Precedents in Arbitration Law

18 Jul 2024

This Judgment pertains to a legal discussion surrounding arbitration under the Arbitration and Conciliation Act, 1996, particularly focusing on the re...

High Court

Bombay High Court Dismisses Writ Petitions Seeking Direction to Provide Arbitration in Expired Toll Collection Contracts. Clause 36 of Agreement Held Not an Arbitration Agreement; Court Cannot Direct Parties to Arbitrate Under Article 226.

6 Nov 2020

The Bombay High Court dismissed two writ petitions filed by M/s. MEP RGSL Toll Bridge Pvt. Ltd. and Raima Toll & Infrastructure Pvt. Ltd., both specia...

High Court

Bombay High Court Allows Appointment of Sole Arbitrator in Will Dispute Between Surviving Heirs. Arbitration clause in last Will and testament of deceased father invoked for disputes over locker jewellery allegedly removed by respondent.

27 Jun 2023

The applicant, Ashwin Maganlal Savani, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a S...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Railway Contract Dispute — Upholds Claims 1 and 4, Sets Aside Claims 5, 7, and 13 for Lack of Evidence and Non-Application of Mind. The court held that the arbitral tribunal failed to apply its mind to contractual provisions and evidence, rendering the award patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

6 May 2015

The Union of India (petitioner) filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a majority arbitral award...

High Court

Bombay High Court Allows Section 11 Arbitration Application Under SARFAESI Act Between Secured Creditor and Prospective Secured Creditor Over Title Documents Dispute. The court held that a dispute between a secured creditor and an entity prevented from becoming a secured creditor due to refusal to hand over title documents is arbitrable under Section 11 of the SARFAESI Act, 2002.

6 May 2026

The case involves a petition under Section 11 of the Arbitration and Conciliation Act, 1996, filed by Aditya Birla Housing Finance Limited (Applicant)...

High Court

High Court Dismisses Petition Challenging Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996 - Upholds Arbitral Tribunal's Jurisdiction and Interest Award Under MSMED Act. Court held that remedy under Section 18 of Micro, Small and Medium Enterprises Development Act, 2006 is optional, not exclusive, and ad hoc arbitration permissible, with interest under Section 16 MSMED Act upheld.

10 Mar 2026

The dispute arose from a contract for supply of VRLA batteries between Petitioner, a government enterprise, and Respondent, a company registered under...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that where requests for arbitration were made before the Amendment Act, 2015 came into force, the pre-amended provisions apply, and the High Court must respect the agreed procedure for appointment of arbitrator under Clause 64(3) of GCC.

29 Mar 2019

The Supreme Court considered a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6)...

Supreme Court

Supreme Court Allows Appeal Against Unconditional Stay of Arbitral Award in Favour of State Government. Order XXVII Rule 8A CPC Does Not Mandate Unconditional Stay; Court Must Impose Conditions Under Section 36(3) of Arbitration and Conciliation Act, 1996.

12 Jul 2019

The case arises from a dispute between PAM Developments Private Ltd. (appellant) and the State of West Bengal (respondent) concerning a tender for roa...

High Court

High Court of Karnataka Dismisses Petition Challenging Extension of Arbitral Mandate Under Section 29-A(5) of Arbitration and Conciliation Act, 1996 — Demise of Arbitrator and Insolvency of Party Held Sufficient Cause for Extension Despite Lack of Consent Under Section 29-A(3).

6 Feb 2025

The petitioners, Scape Marketing Private Limited and others, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging...

Supreme Court

Supreme Court Allows Appeal Against Termination of Arbitral Proceedings Under Section 32(2)(c) of Arbitration and Conciliation Act, 1996 — Held That High Court Erred in Interfering with Arbitral Tribunal's Discretion Under Section 14(2) of the Act.

16 May 2024

The appeal arose from a dispute involving Dani Wooltex Corporation (appellant), Sheil Properties (respondent), and Marico Industries. The appellant ow...

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