Search Results for "Arbitral Tribunal Jurisdiction"

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Bombay High Court Considers Interim Application for Arbitration Reference in Commercial Summary Suit — Dispute Involves Recovery of Investment Amount and Applicability of Arbitration Clause in MOU

This judgment pertains to an interim application filed by the defendants in a commercial summary suit seeking reference of the dispute to arbitration ...

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Bombay High Court Dismisses Application for Appointment of Arbitrator in Fraud Dispute. Serious Allegations of Misappropriation Render Dispute Non-Arbitrable Under Section 11(6) of the Arbitration and Conciliation Act, 1996.

The Applicant, Ivory Properties & Hotels Pvt. Ltd., filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking ap...

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High Court of Bombay Dismisses Appeal Against Remission of Arbitral Award for De Novo Consideration Due to Jurisdictional Error. Arbitrator Exceeded Jurisdiction by Entertaining Claims Not Raised Before Chief Engineer and Commissioner Under Contractual Pre-Arbitration Procedure.

The appellant, Biwater Penstocks Ltd., a UK-based company, entered into a contract with the Municipal Corporation of Greater Bombay (first respondent)...

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Bombay High Court Allows Contractor's Appeal in Arbitration Act Case — Restoration of Majority Award on Escalation Clause Interpretation. Section 30 of the Arbitration Act, 1940 Not Attracted as Arbitral Interpretation of Contract Clause Was Plausible.

The appeal arose from an order of a learned Single Judge of the Bombay High Court setting aside a majority arbitral award under Section 30 of the Arbi...

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Supreme Court Dismisses Writ Petition Filed After Decades on Grounds of Delay, Laches, and Suppression of Facts. The petitioners' long delay and withholding of key facts led to the dismissal of claims over land requisitioned by the Ministry of Defence and acquired by HMT Ltd.

The Supreme Court of India allowed the appeal by HMT Ltd., dismissing the writ petition filed by the heirs of Putta Narasamma after several decades. T...

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Bombay High Court Dismisses Petitions Challenging Arbitration Award in Property Dispute — No Grounds for Interference Under Section 34 of Arbitration Act. Court upholds award based on joint family property partition and limitation, finding no patent illegality or perversity.

The petitioners, who were members of a joint family, challenged an arbitral award passed in a partition dispute. The award had been made by an arbitra...