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Bombay High Court Allows Reference to Arbitration in Derivative Action Under Arbitration and Conciliation Act. Section 45 Does Not Require Reciprocity of Territory; Disputes Under Buyback Agreement Without Arbitration Clause Covered by Related Agreements' Arbitration Clauses.

The case pertained to a Notice of Motion under Section 45 of the Arbitration and Conciliation Act, 1996 filed by Defendant Nos. 1 and 2 in a suit brou...

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Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Jurisdictional Ruling in Distributor Agreement Dispute. Arbitration Clause Not Extended by Conduct Despite Continued Commercial Dealings Post-Expiry of Two-Year Term.

The case involves an appeal under Section 37(2)(a) of the Arbitration and Conciliation Act, 1996, filed by Raymond Limited against an order of the lea...

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Supreme Court Dismisses Appeal by State Undertaking in BOT Arbitration Dispute, Upholds Arbitral Award on Termination Payment. Court Reiterates Limited Scope of Judicial Interference Under Sections 34 and 37 of Arbitration and Conciliation Act, 1996, Emphasizing Finality of Arbitral Awards.

The Supreme Court dismissed the appeal filed by Madhya Pradesh Road Development Corporation Ltd. (MPRDC) against the judgment of the Madhya Pradesh Hi...

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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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High Court of Karnataka Dismisses State's Commercial Appeal, Upholds Arbitral Award in ICT Project Dispute — Termination Found Unlawful. Composite Contract and Direct Nexus Between State and Consortium Rendered Claim Maintainable, and Arbitral Award of Rs.178.98 Crores Not Against Public Policy.

The appeal arises from an arbitral award of Rs.178,98,38,525 in favour of respondent No.1, a consortium partner, against the State of Karnataka for wr...

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Bombay High Court Enforces Foreign Arbitral Award in Agency Dispute — Award Declared Enforceable as Decree. Foreign Award Under Sections 46-49 of Arbitration & Conciliation Act, 1996 Upheld as No Grounds for Refusal Under Section 48 Established.

The petitioner, Mitsui OSK Lines Ltd., a Japanese shipping company, filed a petition under Sections 46 to 49 of the Arbitration and Conciliation Act, ...

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Bombay High Court Dismisses Appeal Against Single Judge's Ruling on Lack of Jurisdiction in Section 34 Petition — Seat of Arbitration Determines Exclusive Jurisdiction Under Section 2(1)(e) of Arbitration and Conciliation Act, 1996.

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court, who held that the court had no jurisdiction to entertain a petiti...

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Bombay High Court Allows Petition to Set Aside Termination of Arbitral Proceedings and Constitute New Arbitral Tribunal Under Sections 9 and 14 of Arbitration and Conciliation Act, 1996 — Delay Condoned Due to Sufficient Cause Shown by Legal Heirs of Deceased Partner.

The petitioners, Neeta Lalit Sanghavi and Hemanshu Lalit Sanghavi, are the legal heirs of the deceased partner, Lalitkumar Vanmalidas Sanghavi. They f...