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Search Results for "arbitrator bias"

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High Court

High Court of Bombay Hears Commercial Arbitration Appeal on Arbitrator Ineligibility Under Section 12(5) of Arbitration and Conciliation Act. Consent to Appointment of Managing Director as Sole Arbitrator Raises Question of Waiver and Patent Illegality.

21 Apr 2025

The dispute arose from an agreement dated 30 October 2013 between the appellant, a contractor, and the respondent, a private limited company engaged i...

High Court

Bombay High Court Allows Appointment of Independent Arbitrator in Municipal Contract Dispute — Commissioner Disqualified Due to Justifiable Bias. Section 11(6) of Arbitration and Conciliation Act, 1996 invoked as named arbitrator was a party to the agreement.

28 Jan 2011

The petitioner, Solutions Advertising, entered into an agreement with the Thane Municipal Corporation on 19 September 2008 to construct 298 bus shelte...

High Court

High Court of Karnataka hears civil miscellaneous petition seeking termination of existing arbitral tribunal and appointment of independent sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. The dispute arises from a works contract where the contractor sought replacement of the arbitrator appointed by the department on grounds of bias and non-compliance with disclosure requirements.

11 Aug 2022

The petitioner, a contractor, was awarded a works contract by the Central Public Works Department (CPWD) for construction of a Sewage Treatment Plant....

High Court

Bombay High Court Allows Recall of Interim Order in Arbitration Dispute Over Termination of Concession Agreement — Petitioner Granted Relief to Appoint Independent Arbitrator. The Court held that an ex parte interim order passed without hearing the Petitioner and in ignorance of bias objection to the named arbitrator must be recalled, and the matter remitted for fresh consideration under Section 9 and Section 11 of the Arbitration and Conciliation Act, 1996.

24 Sep 2012

The Petitioner, M/s. Nagpur Sical Gupta Road Terminal Limited, a joint venture company, entered into a Concession Agreement dated 20 April 2007 with t...

Supreme Court

Supreme Court Allows Appeal Against High Court Order Appointing Substitute Arbitrator in Contract Dispute. Court Holds That High Court Erred in Terminating Mandate of Arbitrator Appointed by Consent and in Deviating from Arbitration Clause Without Justification.

22 Jan 2019

The appellant, Rajasthan Small Industries Corporation Limited, invited tenders for handling and road transportation of ISO containers and cargo. The r...

High Court

Bombay High Court Allows Termination of Arbitrator's Mandate for Lack of Section 21 Notice and De Jure Ineligibility Under Section 12 of Arbitration Act. The court held that a valid Section 21 notice is mandatory for commencement of arbitration and that an arbitrator must disclose circumstances affecting independence, failing which the mandate can be terminated.

9 Jan 2023

The applicants, Sanjeev Kumar Kailash Prasad Agarwalla and Maya Sanjeev Kumar Agarwalla, filed two applications under Section 11(5) read with Sections...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Commercial Dispute. Appointment of Arbitrator by Advocate on Behalf of Party Held Valid Under Section 34 of Arbitration and Conciliation Act, 1996.

25 Sep 2019

The petitioners, Cabcom Cables Limited and others, filed a petition under section 34 of the Arbitration and Conciliation Act, 1996, challenging an arb...

High Court

High Court of Karnataka Dismisses Petition Challenging Arbitrator's Appointment Under Section 11 of Arbitration Act — No Grounds for Termination Under Section 14(1)(a) Established. The Court held that allegations of bias and procedural irregularities do not constitute de jure inability under Section 14(1)(a) of the Arbitration and Conciliation Act, 1996, and that writ jurisdiction is not maintainable when alternative remedies exist.

17 Jun 2026

The petitioner, Mr. Nikhil Thaker, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at...

High Court

High Court of Karnataka Appoints Sole Arbitrator in Contract Dispute Between Proprietorship Firm and IIT Dharwad. Arbitration clause invoked under Section 11 of Arbitration and Conciliation Act, 1996 for disputes arising from contract dated 10.04.2018.

30 Jun 2021

The petitioner, M/S. Suresh Goel & Associates, a proprietorship concern, filed a petition under Section 11(5)(6) and 12(b) of the Arbitration and Conc...

High Court

Bombay High Court Dismisses Petition to Terminate Arbitrator's Mandate for Alleged Undue Delay in Arbitration Proceedings. Section 14(2) of Arbitration and Conciliation Act, 1996 requires de jure inability to act, not mere delay, for termination of mandate.

2 Aug 2016

The petitioners, Ramavtar B. Jajodia and Santosh Ramavtar Jajodia, filed a petition under Section 14(2) of the Arbitration and Conciliation Act, 1996,...

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