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Search Results for "commercial arbitration petition"

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High Court

Bombay High Court Allows Appointment of Arbitrator in Commercial Dispute Over Unpaid Invoices. Arbitration Agreement Found Valid Through Sales Terms and Conditions on Website and Invoices Accepted by Respondent.

30 Aug 2022

The applicant, Ingram Micro India Pvt. Ltd., a distributor of computer products, filed an application under Section 11 of the Arbitration and Concilia...

High Court

Bombay High Court Allows Additional Documents in Arbitration Petition Despite Delay, Subject to Costs — Charge-Sheet Filed Against Contractor Relevant to Dispute Under Section 34 of Arbitration and Conciliation Act, 1996.

22 Oct 2019

The judgment concerns two notices of motion filed in pending commercial arbitration petitions under Section 34 of the Arbitration and Conciliation Act...

Supreme Court

Supreme Court Dismisses Municipal Corporation's Appeal in Arbitration Case Upholding Arbitral Award. Challenge to Tribunal's Constitution Fails as 30-Day Appointment Period in Arbitration Agreement is Directory, Not Mandatory, Under Sections 16, 34, and 37 of the Arbitration and Conciliation Act, 1996.

11 Mar 2026

The dispute originated from a consultancy agreement dated 18 September 1995 between the Municipal Corporation of Greater Mumbai (MCGM) and Respondent ...

High Court

Bombay High Court Allows Section 11 Application for Appointment of Arbitrator in Construction Contract Dispute. Arbitration Clause in Works Contracts Held Valid and Disputes Referable to Arbitration.

25 Jun 2019

The applicant, Gold Prism Realty Pvt. Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment o...

High Court

Bombay High Court Restrains Arbitration Against Non-Signatory Parent Company — No Arbitration Agreement Exists Between Plaintiff and Defendant No.1 Under Contract Between Subsidiary and Contractor. Court Holds That Absence of Privity of Contract and Definition of Parties in Arbitration Clause Preclude Binding Non-Signatory to Arbitration Under Section 45 of the Arbitration and Conciliation Act, 1996.

14 Sep 2012

The plaintiff, JSW ISPAT Steel Limited, filed a suit seeking a declaration that there is no arbitration agreement between it and defendant No.1, Jeumo...

High Court

Bombay High Court Allows Substitution of Arbitrator in Sports Contract Disputes Under Sections 11 and 15(2) of Arbitration Act. Arbitrator's failure to render award within statutory period and subsequent resignation justified substitution despite respondent's objection.

22 Jan 2013

The judgment concerns a group of arbitration applications filed under Section 11 and Section 15(2) of the Arbitration and Conciliation Act, 1996, by s...

High Court

Bombay High Court Allows Referral to Arbitration in Shipping Agency Dispute — Agency Agreement Arbitration Clause Enforceable Under Section 45 of Arbitration and Conciliation Act, 1996. Court holds that disputes regarding termination and novation of agency agreement are covered by arbitration clause and must be referred to arbitration in Tokyo.

28 Jan 2014

The judgment concerns two interconnected proceedings: Arbitration Petition No. 446 of 2003 filed by Mitsui OSK Lines Ltd. (petitioner) under Section 4...

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

Bombay High Court Terminates Arbitrator Mandate Due to Expiry of Time Limit Under Arbitration Clause — Failure to Complete Arbitration Within Stipulated Period Results in Termination of Arbitrator's Authority. The court held that the mandate of the arbitrator stood terminated under Section 14(2) of the Arbitration and Conciliation Act, 1996, as the arbitration was not completed within the time limit prescribed in clause 21 of the agreement.

1 Mar 2012

The petitioner, Teltech Instrumentation Pvt. Ltd., filed an arbitration petition under Section 14(2) of the Arbitration and Conciliation Act, 1996, se...

High Court

Bombay High Court Allows Termination of Arbitrator's Mandate for Lack of Section 21 Notice and De Jure Ineligibility Under Section 12 of Arbitration Act. The court held that a valid Section 21 notice is mandatory for commencement of arbitration and that an arbitrator must disclose circumstances affecting independence, failing which the mandate can be terminated.

9 Jan 2023

The applicants, Sanjeev Kumar Kailash Prasad Agarwalla and Maya Sanjeev Kumar Agarwalla, filed two applications under Section 11(5) read with Sections...

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