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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 ...

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Supreme Court Allows Appointment of Arbitrator in Government Contract Dispute Despite Non-Exhaustion of Pre-Arbitration Procedure. Party Autonomy and Minimal Judicial Intervention Upheld Under Section 11 of the Arbitration and Conciliation Act, 1996.

The appellant, Hindustan Construction Company Ltd., was awarded a contract by the respondent, Bihar Rajya Pul Nirman Nigam Ltd. (BRPNNL), on 04.03.201...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award in Land Sale Dispute. Court Holds That Section 34 Petition Cannot Be Used to Reappreciate Evidence and That Award Was Not Perverse.

The case involves an arbitration appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging the judgment of the Principal Dist...

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Bombay High Court Dismisses Section 34 Petitions Challenging Arbitral Awards in Development Agreement Dispute. Court upholds arbitrator's findings on breach of contract and quantum of damages, rejecting grounds of patent illegality and public policy.

The petitioners, Pradyuman Kumar Sharma and Kuber Planters Limited, filed four arbitration petitions under Section 34 of the Arbitration and Conciliat...

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Bombay High Court Upholds Setting Aside of Arbitral Award for Being Beyond Stipulated Time — Arbitration Clause Mandates Award Within Four Months of Entering Reference, Failure Renders Award Void.

The appeal arose from an order of a learned single Judge of the Bombay High Court setting aside an arbitral award dated 17th August 2006 on the ground...