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High Court Considers Whether Arbitrator Has Jurisdiction to Pass Successive Awards and Whether Claims Are Barred by Res Judicata. Challenge to Awards Confirmed by Lower Court Raises Issues of Functus Officio and Splitting of Claims under Sections 34 and 37 of Arbitration and Conciliation Act, 1996.

The appeals arose from two arbitration awards passed by the sole arbitrator in disputes between Mysore Lamp Works Limited (appellant) and S.V. Enginee...

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Bombay High Court Allows Enforcement of Foreign Award in Favor of Petitioner in Arbitration Dispute. Court Holds That Award Does Not Violate Public Policy and Condoned Delay of 273 Days Under Section 5 of Limitation Act, 1963.

The petitioner, M/s. Louis Dreyfus Commodities Suisse S.A., a Swiss company, entered into a contract with the respondent, Sakuma Exports Limited, an I...

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Bombay High Court Dismisses Appeal Against Section 9 Interim Relief in Foreign Award Enforcement. Court Confirms Injunction Restraining Alienation of Helicopter Pending Enforcement of Singapore Award Under Part II of Arbitration Act, 1996.

The respondent, Aircon Feibars FZE, obtained a foreign award in Singapore on 25 January 2017 for approximately US$7 million (Rs.46 Crores) against the...

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High Court of Judicature at Bombay Allows Landowners’ Challenge to Land Acquisition Award and Corrigendum After 31 Years Due to Invalid Inclusion. Corrigendum Issued Without Statutory Power to Modify Final Award Beyond Reasonable Time Declared Void, and Award Excluding Landowners’ Land Not Binding.

The petitioners, legal heirs of the original landowner Late Ahamad Izzat Mohammed Hasham Dada, filed a writ petition under Article 226 of the Constitu...

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High Court Hears Petition Under Section 34 of Arbitration Act Challenging Arbitral Award for Alleged Procedural Irregularities. Award Directed Petitioner Company to Pay Net Amount After Allowing Counter Claim, Raising Issues of Service of Counter Claim and Natural Justice.

The present petition was filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging in part an Arbitral Award dated 23rd Novemb...

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Bombay High Court Hears Appeal Under Section 37 of Arbitration Act Challenging Arbitral Award. Dispute Related to Charter Hire Agreement for Offshore Drilling, Involving Claims for Lost Equipment, Day Rates, and Demobilisation Fees.

The Bombay High Court considered an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Oil and Natural Gas Corporation Lt...

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Bombay High Court Passes Judgment on Enforcement of Foreign Arbitral Award under Sections 47-49 of the Arbitration and Conciliation Act, 1996. Dispute arose from Share Subscription Agreement and Put Option Deed involving investment exit rights.

The petitioner, Banyan Tree Growth Capital L.L.C., a Mauritian investment fund, had invested approximately USD 7.5 million in Axiom Cordages Limited, ...

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Bombay High Court Dismisses Judgment Debtor's Challenge to Execution of Arbitral Award on Ground of Non-Receipt of Signed Copy Under Section 31(5) of Arbitration and Conciliation Act, 1996. Receipt of Certified Copy by Post Satisfies Section 31(5) and Award Becomes Enforceable Under Section 36(1).

The petitioner, Rahul S/o Omprakash Gandhi, filed four writ petitions (W.P. Nos. 6091/2022, 6092/2022, 6093/2022, and 6094/2022) challenging the execu...

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Supreme Court Allows Appeal in Part in Foreign Currency Arbitral Award Enforcement Case. Twin Principles Laid Down: Date of Enforceability for General Conversion, Date of Deposit for Amounts Deposited in Court.

The Supreme Court addressed the issue of the correct date for converting a foreign currency arbitral award into Indian rupees for enforcement. The app...