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Bombay High Court Dismisses Petition Challenging Arbitrator's Order on Non-Arbitrability. Disputes Relating to Termination for Convenience and Non-Compete Obligations Held Not Arbitrable Under Section 16 of Arbitration and Conciliation Act, 1996.

The petitioner, Capalpha Trade Private Limited, filed a commercial arbitration petition under Section 37 of the Arbitration and Conciliation Act, 1996...

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Supreme Court Dismisses Appeal in Consumer Insurance Dispute Over Voyage Monsoon Condition. Insurance Claim Repudiation Upheld as Vessel Sailed After Monsoon Set In, Breaching Special Condition Under Consumer Protection Act, 2019.

The dispute arose from an insurance claim repudiation concerning a barge's maiden voyage from Mumbai to Kolkata. The appellant, engaged in shipping bu...

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Bombay High Court Dismisses Petition Challenging Arbitrator's Venue Change in Arbitration Dispute — Clause 19.3(b) of Agreement Held to Specify Seat, Not Venue, Under Section 20 of Arbitration and Conciliation Act, 1996.

The petitioner, Dhule Municipal Commissioner, challenged an interim order dated 16/06/2024 passed by the sole Arbitrator in Arbitration Proceeding No....

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Bombay High Court Allows Appointment of Neutral Arbitrator in Railway and Airport Authority Contracts — Unilateral Appointment Clause Invalid. Arbitration clause providing for appointment by General Manager or officer of the same entity violates Section 12(5) of Arbitration and Conciliation Act, 1996.

The judgment concerns three matters: two arbitration applications and one arbitration petition, all raising a common question about the validity of ar...

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Bombay High Court Dismisses Habeas Corpus Petition by Father for Custody of Minor Child in International Parental Abduction Case. Court holds that habeas corpus is not maintainable when custody is with lawful guardian and child's welfare requires stability.

The petitioner, Khaled Kamal Hussein Mohamed Kassem, an Egyptian national, filed a habeas corpus petition seeking the production and custody of his mi...