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Search Results for "arbitration challenge"

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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 Dismisses Review Petition in Arbitration Appointment Case — No Error Apparent on Face of Record. Court holds that review cannot be used as an appeal and that the arbitrator's appointment under Section 11 of the Arbitration and Conciliation Act, 1996 is not subject to review on merits.

8 Jun 2016

The petitioners, Roptonal Ltd (formerly Indian Film Company (Cyprus) Ltd) and Viacom 18 Media Pvt. Ltd., filed a review petition in the Bombay High Co...

High Court

High Court of Bombay addresses the legal effect of unilateral arbitrator appointments made prior to 23 October 2015 in light of the 2015 amendment to the Arbitration and Conciliation Act, 1996. The court examines whether such appointments are void ab initio and the jurisdiction of the executing court to entertain challenges at the execution stage.

4 Aug 2026

The judgment concerns a reference from the Executing Court in a batch of execution applications filed by M/s. S. E. Investments Ltd. (now Paisalo Digi...

High Court

Bombay High Court Addresses Maintainability of Section 9 Petition Despite Unstamped Arbitration Agreement. Constitution Bench Decision in N.N. Global Mercantile Regarding Stamp Duty Bar on Arbitration Agreements Determines Whether Interim Relief Can Be Granted Under Arbitration and Conciliation Act, 1996.

27 Oct 2023

These clubbed commercial arbitration petitions came before the Bombay High Court's Commercial Division to resolve a common preliminary question arisin...

High Court

Bombay High Court Allows Enforcement of Foreign Arbitral Award in Favour of Decree-Holder Against Judgment-Debtors. Court Rejects Objections Under Section 48 of Arbitration and Conciliation Act, 1996 Including Public Policy, Non-Arbitrability, Fraud, Limitation, and Res Judicata.

18 Apr 2016

The applicant, Integrated Sales Services Limited, a Hong Kong-based company, obtained a foreign arbitral award dated 28 March 2010 from an Internation...

High Court

Bombay High Court Allows Civil Revision Application to Refer Partnership Dispute to Arbitration. Court Holds that Dispute Between Partners Over Properties Acquired from Firm Funds Fell Within Arbitration Clauses.

21 Nov 2013

The petitioner, original defendant no.1 in a special civil suit filed by respondent no.1 (plaintiff) seeking declaration that certain properties belon...

High Court

Bombay High Court Dismisses Appeal Against Foreign Award — Part I of Arbitration Act Inapplicable. Section 34 petition under Arbitration & Conciliation Act, 1996 held not maintainable for foreign award with seat in London.

20 Jan 2015

The appeal arose from an order of a learned single Judge of the Bombay High Court dismissing the appellant's arbitration petition under section 34 of ...

Supreme Court

Supreme Court Hears Appeal on Applicability of Section 9 of Arbitration Act to Foreign-Seated Arbitration. The Appeal Concerns Interim Measures in a Contract Governed by English Law with Arbitration in London.

1 Jan 1970

The dispute arose out of an agreement dated 20.10.2010 between Harmony Innovation Shipping Ltd. (appellant) and Gupta Coal India Ltd. (first responden...

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)...

High Court

High Court of Bombay Dismisses BSNL's Petition Challenging Facilitation Council's Jurisdiction Under MSMED Act — Arbitration Agreement Not Barred by Section 18 of MSMED Act. The court held that the Micro, Small and Medium Enterprises Development Act, 2006, being a special statute, overrides the arbitration agreement between the parties, and the Facilitation Council has jurisdiction to refer the dispute to arbitration.

31 Mar 2015

The petitioner, Bharat Sanchar Nigam Ltd. (BSNL), a Central Public Sector Enterprise, entered into agreements with respondent No. 2, M/s. People Infoc...

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