Search Results for "arbitrators jurisdiction"

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Search Results for "arbitrators jurisdiction"

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High Court

Bombay High Court Allows Section 11 Application Despite Wrong Provision Cited, Appoints Sole Arbitrator in Employment Dispute. The court held that citing Section 11(6) instead of Section 11(5) is not fatal if no prejudice, and appointed a sole arbitrator under Section 11(5) read with Section 10(2) of the Arbitration and Conciliation Act, 1996.

20 Feb 2025

The applicant, Pankaj Madaan, was employed by HealthAssure Private Limited as Chief Distribution Officer from July 1, 2021 to December 31, 2022. He al...

High Court

Bombay High Court Dismisses Guarantor's Challenge to Ex-Parte Arbitral Awards in Favor of Tata Capital Financial Services Limited. Lack of Proper Service and Limitation Barred Setting Aside of Awards Under Section 34 of the Arbitration and Conciliation Act, 1996.

28 May 2019

The judgment concerns four arbitration petitions filed by Sawarmal Gadodia, a guarantor, challenging ex-parte arbitral awards passed against him in fa...

High Court

Bombay High Court Partially Allows ICICI Bank's Petition Under Section 34 of Arbitration Act, Setting Aside Arbitral Award on Claims for Loss of Profit and Interest on Mobilization Advance. The court held that the arbitrator cannot award interest on an interest-free mobilization advance and cannot award loss of profit without evidence of actual loss.

30 Mar 2016

The petitioner, ICICI Bank Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dat...

High Court

Bombay High Court Allows Appointment of Arbitrator Despite Death of Named Arbitrators in Arbitration Clause. Clause 21 of Agreement Construed as Valid Arbitration Agreement Under Section 7 of Arbitration and Conciliation Act, 1996.

8 May 2012

The Applicant, Global Cements Ltd., entered into an agreement for sale with the Respondent, The Associated Cement Companies Ltd., on 16 December 1989....

High Court

Bombay High Court Dismisses Section 34 Petitions Against Partial Arbitral Awards in Koyna Hydro Electric Project Sub-Contract Dispute. Challenge to awards failing on grounds of settlement and coercion under Arbitration and Conciliation Act, 1996.

8 Jan 2016

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996 by Patel Engineering Co. Ltd. (th...

High Court

Bombay High Court Dismisses Appeal Against Setting Aside of Arbitral Award in Price Escalation Dispute. Interpretation of price escalation clause by arbitral tribunal found patently illegal as it ignored the contractual formula, leading to setting aside of award under Section 34 of Arbitration and Conciliation Act, 1996.

3 Aug 2022

The case involves a challenge under Section 37 of the Arbitration and Conciliation Act, 1996 against a judgment dated 31st March 2017 passed by a lear...

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 pre-amended provisions of the Arbitration and Conciliation Act, 1996 apply to arbitration requests received before 23rd October, 2015, and the High Court must respect the agreed appointment procedure.

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 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 parties have agreed on a procedure for appointment of arbitrator, the court must respect it unless bias or failure is shown.

29 Mar 2019

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

High Court

Bombay High Court Dismisses Writ Petition Challenging Extension of Arbitral Mandate Under Section 29-A of Arbitration and Conciliation Act, 1996. District Court's Appointment of Sole Arbitrator Upheld as Petitioner's Non-Participation Caused Delay.

14 Sep 2022

The Petitioner, M/s. Magnum Opus IT consulting Private Limited, a company engaged in e-governance, challenged an order dated 03/02/2021 passed by the ...

High Court

Bombay High Court Allows Section 11 Application Without Clause 12 Leave in Arbitration Dispute Over Pharmaceutical Supply Agreement. Court Holds That Section 11 Application Is Not a Suit and Leave Under Clause 12 of Letters Patent Is Not Required When Cause of Action Arises in Mumbai.

20 Oct 2010

The applicant, VHB Life Sciences Limited, filed an application under section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of ...

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