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Bombay High Court Terminates Arbitrator's Mandate for Failure to Pass Award Within Statutory Time Limit Under Section 29A of Arbitration Act. Court Appoints Substitute Arbitrator After Original Arbitrator Failed to Conclude Proceedings Despite Multiple Extensions.

The petitioner, M/s. Madhav Structural Engineers Limited, filed a petition under Section 14 of the Arbitration and Conciliation Act, 1996 seeking term...

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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.

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

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Bombay High Court Terminates Arbitral Tribunal Mandate for Unreasonable Delay in Filing Statement of Claim. Condonation of delay set aside as claimant failed to show sufficient cause for 7-month delay.

The petitioner, Wanbury Ltd., filed a petition under sections 14(1)(a), 14(2), and 32(2)(c) of the Arbitration and Conciliation Act, 1996, seeking a d...

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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 Allows Appointment of New Arbitrator After Previous Arbitrator Withdrew Due to Counsel's Derogatory Remarks. Emphasizes Need for Stringent Action Against Unprofessional Conduct in Arbitration Proceedings Under Section 11 of Arbitration and Conciliation Act, 1996.

The applicant, Hitech Plast Limited (formerly Clear Mipak Packaging Solutions Ltd.), initially filed Summary Suit No. 2492 of 2012 in the Bombay High ...

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Supreme Court Allows Appointment of Arbitrator in Defence Contract Dispute Over Encashment of Warranty Bond. The court held that the claims were not barred by limitation as bilateral discussions continued until 2019, and the arbitration clause covered the dispute.

The petitioner, a Swiss company engaged in arms manufacturing, entered into a contract with the Ministry of Defence, Government of India, for supply o...

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Bombay High Court Allows Section 14 Petitions to Terminate Arbitrator Mandate Due to Deemed Waiver of Right to Object. Arbitrator appointed by Co-operative Bank under MSCS Act failed to disclose interest and continued proceedings despite jurisdictional challenge, leading to termination of mandate.

The petitioners, Kalpesh Shantikumar Mehta and others, along with KSM Multitrade LLP and others, filed two petitions under Section 14 of the Arbitrati...

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Supreme Court Dismisses Municipal Corporation's Appeal in Arbitration Case Upholding Arbitral Award. Challenge to Tribunal's Constitution Fails as 30-Day Appointment Period in Arbitration Agreement is Directory, Not Mandatory, Under Sections 16, 34, and 37 of the Arbitration and Conciliation Act, 1996.

The dispute originated from a consultancy agreement dated 18 September 1995 between the Municipal Corporation of Greater Mumbai (MCGM) and Respondent ...