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Bombay High Court Allows Section 11 Application and Appoints Arbitrator in Commercial Dispute Over Termination of Procurement Agreement. Pre-Arbitral Negotiation Clause Held Not Mandatory Condition Precedent Under Section 11 of the Arbitration and Conciliation Act, 1996.

This is an application under Section 11 of the Arbitration and Conciliation Act, 1996 filed by Tech Mahindra Ltd. against Tata Communications Transfor...

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Bombay High Court Addresses Section 11 Application for Appointment of Arbitrator; Validity of 20% Claim Cap Clause Under Scrutiny. The Court Examines Whether a Contractual Condition Limiting Arbitration to Claims Not Exceeding 20% of Contract Value Is Arbitrary and Discriminatory.

The dispute arose from a contract dated 7 May 2018 between a contractor and the Central Railways for the preparation of design and structural drawings...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Commercial Dispute — Upholds Award Under Section 34 of Arbitration and Conciliation Act, 1996. Court holds that challenge to award on merits is not permissible and that the arbitrator's findings are final on facts and law.

The Kolhapur Municipal Corporation (petitioner) filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitra...

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Bombay High Court Dismisses Section 34 Petitions Challenging Arbitral Awards in Share Purchase Agreement Dispute. Court upholds arbitral tribunal's findings on fraud, jurisdiction, and liability, rejecting allegations of perversity and violation of natural justice.

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, by Avitel Post Studioz Ltd. and ...

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Bombay High Court Allows Appointment of Arbitrator in Charter Party Dispute Over Detention Charges. Arbitration agreement held valid and arbitrable despite respondent's objections regarding limitation and non-signing of charter party.

The applicant, Alliance Import and Export, a partnership firm, filed two arbitration applications under Section 11 of the Arbitration and Conciliation...

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COMMERCIAL ARBITRATION PETITION (L) NO.238 OF 2019

The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 was filed by Maharashtra State Electricity Distribution Company Li...

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ARBITRATION PETITION NO.891 OF 2010

The case arises from arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging arbitral awards. The peti...

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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...