Search Results for "Arbitration Act, 1940"

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Supreme Court Allows Extension of Arbitrator's Mandate Under Section 29A(5) of Arbitration and Conciliation Act, 1996 Even After Award Rendered Beyond Statutory Time Limit -- Court Reverses High Court Decision Setting Aside Award

The Supreme Court allowed the appeal and set aside the High Court's orders, holding that a court can entertain an application under Section 29A(5) of ...

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Supreme Court Dismisses Section 11 Petition for Appointment of Arbitrator in International Commercial Arbitration Dispute. Holds that BSA governed by Benin law with foreign seat cannot be brought under Part I of Arbitration Act, and issue estoppel applies due to dismissal of anti-arbitration injunction.

The Supreme Court dismissed an arbitration petition filed by Balaji Steel Trade under Section 11(6) of the Arbitration and Conciliation Act, 1996, see...

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Supreme Court Dismisses Appeal of Union of India in Arbitration Dispute — Claim for Excess Timber Supply Held to Be Within Scope of Arbitration Clause. Recourse to Contract Necessary to Determine Claim, Confirming Arbitral Jurisdiction Under Arbitration Act, 1940.

The appeal arose from a contract between the Union of India and Salween Timber Construction (India) for the supply of teak logs. A dispute emerged whe...

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Bombay High Court Hears Arbitration Petition - ONGC Challenges Umpire’s Award Granting Six Days’ Extension in Pipeline Project. Petition contends that the extension was granted in breach of contract clauses 5.9 and 41.8 and without evidence, after rejecting the related claim for cost of repairs.

The dispute arose from a contract dated 6 November 1989 between Oil and Natural Gas Corporation Limited (ONGC) as employer and a consortium of foreign...

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Bombay High Court Dismisses Enforcement Petition for Foreign Award Citing Lack of Jurisdiction Due to Prior Section 34 Filing. Section 42 of Arbitration and Conciliation Act, 1996 Vests Exclusive Jurisdiction with the Court at Jamkhambalia Where the Section 34 Application Was First Filed.

The petitioners, Pacific Basin Ihx (UK) Ltd., a company incorporated in England engaged in shipping, sought enforcement of a foreign arbitration award...

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Supreme Court Allows Appeal in Arbitration Dispute — Restores Arbitral Award for Compensation for Unproductive Use of Machinery. Court Holds That High Court Exceeded Its Jurisdiction Under Section 34 of Arbitration and Conciliation Act, 1996 by Reappreciating Evidence and Substituting Its Own View.

The Supreme Court allowed the appeal filed by M/s. Dyna Technologies Pvt. Ltd. against the judgment of the Madras High Court, which had set aside an a...