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 Dismisses Section 9 Petition in International Commercial Arbitration with Foreign Seat. Court holds that Part I of Arbitration Act, 1996 does not apply where seat of arbitration is outside India, and no interim relief can be granted under Section 9.

6 Nov 2012

The petitioner, BG Strategic Advisors, LLC, a Florida corporation, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, see...

High Court

Bombay High Court Dismisses Appeal by Municipal Corporation in Arbitration Dispute — 1996 Act Applies to Proceedings Commenced After Its Enforcement. Failure to Appoint Arbitrator Within 30 Days Under Section 10 of Arbitration and Conciliation Act, 1996 Results in Default Appointment of Sole Arbitrator.

3 Mar 2005

The case involves an appeal by the Municipal Corporation of the City of Pune against a judgment of the 3rd Extra Joint District Judge, Pune, in Misc. ...

High Court

Bombay High Court Quashes Controller's Refusal of Patent Registration Due to Non-Consideration of Arbitral Award and Deed of Assignment. Failure to Appreciate Evidence and Raise Objections in Examination Report Renders Order Unsustainable Under Section 15 of Patents Act, 1970.

11 Mar 2025

The petitioner, Euro-apex B.V., entered into a licence agreement with Shinhan Apex Corporation in 1993, authorizing the latter to manufacture and sell...

High Court

Supreme Court Allows Operational Creditor's Appeal in Insolvency Claim Delay Matter Applying COVID-19 Limitation Extension. The Court held that the period from 15.03.2020 to 14.03.2021 stands excluded in computing limitation for claim filing under the Insolvency and Bankruptcy Code, 2016, making the appellant's claim filed before 14.01.2021 timely.

29 Nov 2021

The dispute originated from a contractual relationship between GPR Power Solutions Private Limited (appellant) and Rohit Ferro Tech Limited (corporate...

High Court

Bombay High Court Examines Whether Assignee Bank Can Invoke SARFAESI Act for Debt Assigned by NBFC. The case involves interpretation of 'debt' and 'secured creditor' under SARFAESI Act, 2002 and RDDBFI Act, 1993, and the effect of assignment from a non-banking financial company to a bank.

16 Jul 2015

The petitioner, a banking company, sought to enforce security interest under the SARFAESI Act after acquiring a debt and underlying security from a no...

High Court

Bombay High Court Allows Section 8 Application and Appoints Arbitrator in Dispute Over Development Agreements — Arbitration Clause Binding on Non-Signatory Transferee. The court held that a non-signatory who claims through or under a signatory to an arbitration agreement is bound by the arbitration clause, and appointed a retired judge as sole arbitrator.

30 Sep 2014

The judgment concerns two related matters: a Notice of Motion (No. 540 of 2013) in Suit No. 62 of 2013 and an Arbitration Application (No. 86 of 2013)...

High Court

Bombay High Court Dismisses Writ Petition Challenging Termination of E-Ticketing Contract, Directs Parties to Arbitration. Contractual disputes involving disputed questions of fact are not amenable to writ jurisdiction under Article 226 of the Constitution of India when an arbitration clause exists.

22 Jul 2024

The Petitioner, a Private Limited Company, challenged the termination notice dated 13.06.2024 issued by the Respondent No.2 – Aurangabad Smart City ...

Supreme Court

Supreme Court Allows Appeal in Title Suit Over Land Dispute, Reversing High Court on Requirement to Challenge Sale Deed. Plaintiff Established Title Through Valid Gift Deed Under Muslim Law, Making Subsequent Sale Deed Void Ab Initio and Unnecessary for Cancellation Under Code of Civil Procedure, 1908.

23 Apr 2025

The dispute involved a title suit over land where the appellants, as legal heirs of the original plaintiff, claimed ownership through a registered gif...

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...

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...

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