Search Results for "Arbitration Act, 1940"

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Supreme Court Allows Landowner's Appeal in Arbitration Dispute Over Development Agreement Validity. Clause 18 of Development Agreement Held as Valid Arbitration Agreement Under Section 7 of Arbitration and Conciliation Act, 1996, Reversing High Court's Dismissal of Section 11 Application.

The dispute originated from a Development Agreement dated 29.05.2014 between the appellant landowner and respondent developer for construction of an a...

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Bombay High Court Dismisses Appeal Against Refusal to Enforce Foreign Arbitral Award Under Section 50(1)(b) of Arbitration & Conciliation Act, 1996 — Award Not Binding on Non-Signatory Respondents as They Were Not Parties to Arbitration Agreement.

The appellant, Integrated Sales Services Limited (ISSL), a Hong Kong company, entered into a Representation Agreement on 18th September 2000 with DMC ...

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Bombay High Court Dismisses Appeal Against Refusal to Refer Dispute to Arbitration in Summary Suit for Recovery of Price of Goods Sold. Arbitration Clause in Clearing and Forwarding Agency Agreement Not Attracted as Dispute Arose from Independent Sale Transactions, Not from the Agreement.

The appellant-defendant, T.A.I. Pharma Ltd., entered into a Clearing and Forwarding Agency Agreement dated 1st January 2007 with the respondent-plaint...

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Bombay High Court Dismisses Appeal Against Rejection of Section 9 Application for Unregistered Partnership Firm. Section 69(3) of the Partnership Act, 1932 Bars Interim Relief Under Arbitration and Conciliation Act, 1996 for Unregistered Firm.

The appellant, Masood Mohmmed Husain, filed an appeal against the rejection of his application under Section 9 of the Arbitration and Conciliation Act...

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Bombay High Court Upholds Arbitrator's Jurisdiction Over Counter-Claim in Partnership Dispute. Allegations of fraud in counter-claim do not render it non-arbitrable unless serious and complex, under Section 16 of Arbitration and Conciliation Act, 1996.

The case involves two arbitration petitions filed by Rekha Agarwal and Sunil Agarwal challenging an order of a Sole Arbitrator under Section 16 of the...

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Bombay High Court Dismisses Appeal Against Arbitral Award in Stevedoring Contract Dispute — No Interference Under Section 37 of Arbitration Act. Court upholds award of damages for breach of contract and interest, finding no patent illegality or perversity in arbitrator's findings.

The appeal arises from a judgment of a learned Single Judge of the Bombay High Court dismissing Arbitration Petition No. 18 of 2003 under Section 34 o...

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High Court of Bombay Dismisses Appeal Against Remission of Arbitral Award for De Novo Consideration Due to Jurisdictional Error. Arbitrator Exceeded Jurisdiction by Entertaining Claims Not Raised Before Chief Engineer and Commissioner Under Contractual Pre-Arbitration Procedure.

The appellant, Biwater Penstocks Ltd., a UK-based company, entered into a contract with the Municipal Corporation of Greater Bombay (first respondent)...