Search Results for "consent arbitral award"

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Search Results for "consent arbitral award"

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High Court

Bombay High Court Partially Allows Section 34 Petition Against Arbitral Award Rejecting Counterclaims as Time-Barred. Court holds that limitation for counterclaims arising from same transaction as main claim is governed by Article 1 of Limitation Act, 1963, and that the arbitral tribunal erred in applying a strict three-year period from the date of termination without considering the continuing breach and the date of final bill.

1 Oct 2012

The petitioner, Rolta India Limited, filed two arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an in...

High Court

Bombay High Court Allows Arbitration Petition in Commercial Dispute — Appointment of Arbitrator Directed. Court holds that existence of arbitration clause and failure of respondent to appoint arbitrator entitles petitioner to seek appointment under Section 11 of the Arbitration and Conciliation Act, 1996.

30 Nov -0001

The petitioner, Carol Info Services Ltd., filed a Commercial Arbitration Petition under Section 11 of the Arbitration and Conciliation Act, 1996, seek...

High Court

Bombay High Court Allows Appeal in Arbitration Matter — Upholds Appointment of Arbitrator Despite Alleged Termination of Contract. Court holds that existence of disputes and arbitration agreement is sufficient for appointment under Section 11 of the Arbitration and Conciliation Act, 1996, even if the underlying contract is terminated.

30 Nov 2023

The appellant, Madgavkar Salvage, a partnership firm, filed an appeal against the order of the Commercial Court rejecting its application under Sectio...

High Court

Bombay High Court Allows Petition to Set Aside Termination of Arbitral Proceedings and Constitute New Arbitral Tribunal Under Sections 9 and 14 of Arbitration and Conciliation Act, 1996 — Delay Condoned Due to Sufficient Cause Shown by Legal Heirs of Deceased Partner.

12 Aug 2015

The petitioners, Neeta Lalit Sanghavi and Hemanshu Lalit Sanghavi, are the legal heirs of the deceased partner, Lalitkumar Vanmalidas Sanghavi. They f...

High Court

High Court Dismisses Petition Challenging Majority Arbitral Award in Maritime Demurrage Dispute — Claim Time-Barred Under Charterparty Clause 24. The court upheld the majority arbitrators' finding that the demurrage claim was received beyond the 45-day period stipulated in clause 24 of the Tanker Voyage Charterparty, and thus the claim was time-barred.

4 Jan 2012

The petitioner, Axios Navigation Co. Ltd., a shipowner, challenged a majority arbitral award dated 18 August 2008 passed by a three-member Arbitral Tr...

High Court

Bombay High Court Allows Appointment of Arbitrator in Commercial Dispute Over Coal Supply Contracts — Failure to Provide Load Port Report Constitutes Dispute. Court holds that existence of arbitration clause and failure of respondent to appoint arbitrator entitles petitioner to seek appointment under Section 11(6) of Arbitration and Conciliation Act, 1996.

29 Feb 2024

The petitioner, Era International, a partnership firm engaged in importing coal, entered into three sale contracts with the respondent, Aditya Birla G...

High Court

Bombay High Court Dismisses Section 34 Petition Challenging Arbitral Award in Partnership Dispute — Upholds Arbitrator's Findings on Loan vs. Capital Contribution and Rejection of Counterclaim as Not Maintainable. The court held that the arbitrator's findings were based on evidence and not perverse, and the challenge under Section 34 of the Arbitration and Conciliation Act, 1996 failed.

23 Jan 2020

The petitioner, Shekhar Appu Shetty, 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 Earlier Refusal to Extend Mandate Under Section 29A of Arbitration Act — Refusal to Extend Mandate Does Not Terminate Arbitral Proceedings or Bar Fresh Appointment Under Section 11.

1 Apr 2026

The case involves a dispute arising out of a Deed of Assignment of Development Rights dated 6 December 2010 between the applicants (Nalin Vallabhbhai ...

High Court

Bombay High Court Allows Petitioners to Obtain Commission to Singapore Under Section 27 of Arbitration Act. Issuing Commission to Foreign Country Does Not Amount to Change of Venue of Arbitration.

8 Jun 2018

The petition was filed under section 27 of the Arbitration and Conciliation Act, 1996 by the two petitioners, who were the original respondents in the...

High Court

Bombay High Court Dismisses Section 9 Petition for Lack of Territorial Jurisdiction in International Commercial Arbitration. Parties Impliedly Excluded Part I of Arbitration and Conciliation Act, 1996 by Agreeing to ICC Rules and Zambian Law.

19 Mar 2013

The petitioner, Konkola Copper Mines (PLC), a company registered in Zambia, filed a petition under Section 9 of the Arbitration and Conciliation Act, ...

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