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Search Results for "arbitrator eligibility"

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Supreme Court

Supreme Court Sets Aside High Court Judgment Invalidating Co-operative Society Bye-laws on Maintainability and Validity Grounds. Writ Petitions Under Article 226 Were Not Maintainable Against Private Co-operative Societies as No Statutory Duty Was Breached and Alternative Remedy Existed Under the Rajasthan Co-operative Societies Act, 2001, and the Bye-laws Prescribing Eligibility Conditions for Election Contests Were Held Valid Under Section 8 Read with Schedule B.

10 Apr 2026

The dispute arose from writ petitions filed by Primary Milk Producers' Co-operative Societies challenging the validity of certain bye-laws framed by D...

High Court

High Court Quashes Arbitral Awards in Arbitration Petitions Under Section 34 of Arbitration and Conciliation Act, 1996 Due to Unilateral Appointment of Arbitrator. Unilateral Appointment Renders Arbitrator De Jure Ineligible Under Section 12(5), and Waiver Requires Express Written Agreement After Dispute Arises, Not Mere Participation in Proceedings.

5 Mar 2026

The dispute arose from multiple arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging arbitral awards pass...

High Court

High Court of Karnataka Dismisses Commercial Appeal in Arbitration Dispute — Upholds Arbitral Award Rejecting Claim for 2% Contract Value Without Work Execution. Claim for facilitation fee under MOU fails as appellant did not perform any work for the contract awarded to the joint venture.

1 Aug 2025

The appellant, M/s. Pratibha Industries Limited, filed a commercial appeal under Section 13(1A) of the Commercial Courts Act, 2015, read with Section ...

High Court

Bombay High Court Dismisses Petition to Replace Arbitrator in Arbitration Dispute — Past Legal Representation Does Not Attract Seventh Schedule Ineligibility. Court holds that past representation of affiliates as counsel does not constitute current representation or business relationship under Items 1 and 2 of Seventh Schedule of Arbitration and Conciliation Act, 1996.

4 Feb 2025

The petitioner, Priyanka Communications India Pvt, filed a petition under Sections 12, 13, and 14 of the Arbitration and Conciliation Act, 1996, seeki...

Supreme Court

Supreme Court Dismisses Appeal Against High Court Order Refusing Termination of Arbitral Tribunal Mandate. Appellant Failed to Demonstrate Bias or Justifiable Doubts Under Section 14 of the Arbitration and Conciliation Act, 1996.

4 Jan 2022

The appellant, a supplier of paper, entered into a contract with the respondent in 1993. Disputes arose regarding payment and quality of supply. The a...

High Court

Bombay High Court Allows Section 11 Application for Appointment of Arbitrator in Contract Dispute Between Pioneer Publicity Corporation and Airport Authority of India. Dispute arises from unilateral reduction of hoarding size from 8,000 sq ft to 5,000 sq ft and failure to refund security deposit.

29 Sep 2020

The applicant, Pioneer Publicity Corporation Pvt Ltd, was the successful tenderer for a contract with the Airport Authority of India (AAI) for display...

High Court

Bombay High Court Allows Section 11(6) Petition for Appointment of Arbitrator in Construction Contract Dispute — Respondent's Failure to Appoint Arbitrator Despite Repeated Requests Constitutes Failure of Mechanism. The court held that the respondent's inaction for over a year amounted to waiver of its right to appoint an arbitrator under the arbitration agreement.

2 Jun 2020

The petitioner, Afcons Infrastructure Limited, entered into a contract with the respondent, Konkan Railway Corporation Limited, on 12 December 2005 fo...

High Court

Bombay High Court Allows Section 11 Application to Appoint Arbitrator in BPCL Contract Dispute — Unilateral Appointment Clause Invalid Under Section 12(5) of Arbitration Act. The court held that an arbitration clause giving one party the sole right to appoint an arbitrator is invalid under Section 12(5) read with the Seventh Schedule of the Arbitration and Conciliation Act, 1996, and appointed an independent arbitrator.

26 May 2017

The applicant, DBM Geotechnics & Constructions Pvt Ltd (DBM), filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, see...

High Court

Bombay High Court Allows Application for Appointment of Arbitrator in Railway Contract Dispute. Arbitration Clause in Works Contract Enforced Under Section 11 of Arbitration and Conciliation Act, 1996.

8 Apr 2013

The applicant, a registered government contractor, was awarded a contract by the respondent, the General Manager of South Central Railway, for extensi...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Lease Finance Dispute — Depreciation Disallowance and Penalty Recoverable Under Contract. Arbitrator's interpretation of lease clauses upheld as plausible; no interference under Section 34 of Arbitration & Conciliation Act, 1996.

18 Mar 2013

The petitioner, Aditya Birla Chemicals (I) Limited, filed a petition under Section 34 of the Arbitration & Conciliation Act, 1996, challenging an arbi...

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