Search Results for "Arbitration Act, 1940"

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Search Results for "Arbitration Act, 1940"

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High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Port Development Dispute — Liquidated Damages Claim Rejected Due to Lack of Proof of Actual Loss. The court held that under Section 74 of the Indian Contract Act, 1872, proof of actual loss is necessary for claiming liquidated damages, and the arbitrator's finding was not patently illegal.

10 Dec 2013

The petitioner, Board of Trustees for Jawaharlal Nehru Port, a body corporate under the Major Port Trusts Act, 1963, entered into a licence agreement ...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Refer Dispute to Arbitration Under Section 8 of Arbitration and Conciliation Act, 1996 — Joint Venture Agreements Not Signed by Appellant, No Arbitration Agreement Between Parties.

4 Mar 2010

The appeal arose from an order dated 8 April 2004 passed by the learned trial Judge dismissing Notice of Motion No. 778 of 2004, which was an applicat...

High Court

High Court of Karnataka Sets Aside Trial Court Orders in Arbitration Reference Dispute — Agreement Contained Arbitration Clause, Civil Suit Not Maintainable. Section 8(1) of Arbitration and Conciliation Act, 1996 Mandates Reference to Arbitration When Party to Agreement Invokes It Before First Statement on Substance of Dispute.

11 Sep 2015

The petitioner, Smt. Rashmi Solanki, filed writ petitions under Article 227 of the Constitution of India challenging two orders passed by the Senior C...

Supreme Court

Supreme Court Allows Appeal in Arbitration Case, Clarifying Jurisdiction Requirements Under Arbitration and Conciliation Act, 1996. The Court Held That Service of Section 21 Notice and Inclusion in Section 11 Application Are Not Prerequisites for Arbitral Tribunal to Exercise Jurisdiction Over a Person, and Impleadment is Based on Being Party to Arbitration Agreement.

17 Apr 2025

The dispute arose from an agreement dated 01.06.2012 between the appellant and respondent no. 1 to form a Limited Liability Partnership (respondent no...

Supreme Court

Supreme Court Allows Appeal in Arbitration Reference Case — Licence Agreement Contained Valid Arbitration Clause for Disputes Arising from Termination and Recovery of Possession. The Court held that the arbitration clause survived termination and that the Commercial Court erred in refusing reference under Section 8 of the Arbitration and Conciliation Act, 1996.

23 Apr 2023

The Supreme Court considered appeals against a common judgment of the Gujarat High Court dismissing First Appeals filed by the appellant against order...

High Court

Madras High Court Allows Appeal in Commercial Dispute Over Berth Reservation Agreement — Restores Arbitral Award. Court Holds That Arbitral Tribunal's Findings on Limitation and Merits Were Not Perverse and Did Not Warrant Interference Under Section 34 of the Arbitration and Conciliation Act, 1996.

13 Mar 2026

The appellant, M/s.X-Press Container Lines (UK) Ltd., entered into a Berth Reservation Agreement with the respondent, the Board of Trustees of the Por...

High Court

Bombay High Court Allows Appeal, Restores Arbitral Award in Contractor vs. Irrigation Corporation Dispute. Court Holds That Section 34 Court Exceeded Its Jurisdiction by Reappreciating Evidence and Setting Aside Award on Grounds Not Permitted Under Section 34 of the Arbitration and Conciliation Act, 1996.

15 Apr 2026

The present Commercial Arbitration Appeal was filed by M/s. Shinde & Sons, a contractor, under Section 37 of the Arbitration and Conciliation Act, 199...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Award — Time Limit in Consent Order Held Directory, Not Mandatory. Arbitrator's Mandate Did Not Terminate Automatically Upon Expiry of Four-Month Period Under Section 14 of Arbitration and Conciliation Act, 1996.

5 May 2006

The appeal arose from an order of a Single Judge dismissing a petition challenging an arbitral award dated 31.3.2004. The dispute originated from Suit...

High Court

High Court of Karnataka Allows Petition Under Section 11(6) of Arbitration and Conciliation Act, 1996 for Appointment of Arbitrator in Joint Development Agreement Dispute. Clause 27.4 of Agreement Held Valid Arbitration Agreement, but Third Party Respondent No.5 Cannot Be Referred to Arbitration.

11 Feb 2019

The petitioner, Nitesh Urban Development Pvt Ltd, filed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointm...

Supreme Court

Supreme Court Allows Appeals in Arbitration Time Extension Dispute — Holds Application Under Section 29A(5) Can Be Filed After Expiry of Arbitral Tribunal's Mandate. The court resolved the conflict among High Courts by interpreting Section 29A(4) and (5) of the Arbitration and Conciliation Act, 1996 to permit post-expiry extension applications, overruling the Calcutta High Court's decision in Rohan Builders.

1 Jan 2024

The Supreme Court of India, in a batch of civil appeals arising from Special Leave Petitions, addressed a significant conflict among High Courts regar...

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