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 Arbitration Application in Contract Dispute Over Scope of Arbitrable Issues. Court holds that disputes relating to interpretation and application of contract provisions are arbitrable, and the arbitrator can decide his own jurisdiction under Section 16 of the Arbitration and Conciliation Act, 1996.

9 Mar 2012

The applicant, Maharashtra State Power Generation Company Limited, filed a Miscellaneous Civil Application under Section 11 of the Arbitration and Con...

High Court

Bombay High Court Allows Appointment of Arbitrator in Infrastructure Dispute Over Concession Agreement — State's Objection on Limitation Rejected as Arbitrability Question for Tribunal. The court held that the issue of limitation is a matter for the arbitrator to decide under Section 11(6) of the Arbitration and Conciliation Act, 1996, and appointed a sole arbitrator to adjudicate disputes arising from a BOT project.

19 Sep 2017

The applicant, Kakade Infrastructure Pvt. Ltd., filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appoin...

High Court

High Court of Judicature at Bombay Considers Whether Rigid Frame Columns Are Steel Structurals Classifiable Under Section 14(iv)(v) of Central Sales Tax Act, 1956 and Schedule Entry C-55(v) of Maharashtra Value Added Tax Act, 2002. The Court examines the classification of pre-fabricated building components and the interpretation of 'steel structurals' in commercial parlance.

23 Dec 2016

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High Court

High Court of Bombay Allows Arbitration Application for Appointment of Arbitrator in Transport Contract Dispute — State's Failure to Appoint Arbitrator Within 30 Days Triggers Court's Power Under Section 11(6) of Arbitration and Conciliation Act, 1996.

23 Jul 2021

The applicant, Prakash Askram Jain, entered into a transport agreement with the Governor of Maharashtra on 30/03/2001 for transporting food grains and...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Refer Suit to Arbitration Due to Inseparable Cause of Action and Non-Arbitrable Issues. Trial Court's order upheld as suit involved multiple defendants not party to arbitration agreement and issues not arbitrable.

16 Mar 2006

The appellant, Bombay Isle Developers Pvt. Ltd., the original Defendant No.1, appealed against the order of the City Civil Judge dated 2nd March 2006 ...

High Court

Bombay High Court Dismisses Appeal Against Impleadment of Alleged Successor Company in Execution of Foreign Award — Piercing Corporate Veil Justified to Prevent Fraudulent Evasion of Liability. The court held that where a company is created to evade existing liabilities, the corporate veil can be pierced and the new entity can be impleaded in execution proceedings under Order 21 Rule 50 CPC.

29 Sep 2016

The appeal arose from a judgment of the learned Single Judge dated 5 October 2015 in Chamber Summons (L) No.444 of 2015 in Judges Order No.212 of 2014...

Supreme Court

Supreme Court Allows Appeal in Consumer Protection Case, Reversing NCDRC's Dismissal on Consumer Status. Overdraft Facility Availed by Stockbroker for Business Qualifies as Consumer Service Under Exception for Self-Employment Livelihood in Section 2(1)(d)(ii) of Consumer Protection Act, 1986.

22 Feb 2022

The appeal arose from a judgment of the National Consumer Disputes Redressal Commission (NCDRC) dismissing a consumer complaint on the ground that the...

High Court

Bombay High Court Dismisses Petition Challenging Arbitrator's Award in Stock Exchange Dispute. Claim Barred by Limitation Under NSE Bye-Laws as Last Transaction Occurred on 25th January 2008 and Six-Month Period Expired on 25th July 2008.

10 Feb 2012

The petitioner, DBS Cholamandalam Securities Ltd, filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, challe...

High Court

Bombay High Court Dismisses Arbitration Petition as Settled Following Deed of Settlement — Compromise Agreement Not Void Despite Criminal Charges Being Non-Compoundable. The Court held that the settlement was a bona fide compromise of civil disputes and the withdrawal of criminal prosecution was a lawful consideration, not rendering the settlement void.

9 Apr 2019

The petitioner, Sushma B. Chandak, filed an arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitr...

High Court

High Court of Bombay Deletes Directions for Payment of Processing Costs in Section 11 Arbitration Applications. Direction for Payment of Costs for Processing Requests Under Schemes Framed Under Section 11(10) of the Arbitration and Conciliation Act, 1996 Found Unsustainable Due to Absence of Statutory Basis and the Judicial Nature of the Order.

5 Jul 2013

The High Court of Bombay was seized of three applications under Section 11 of the Arbitration and Conciliation Act, 1996, filed by Abhijeet Infrastruc...

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