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Search Results for "commercial arbitration petition"

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Supreme Court

Supreme Court Dismisses Cantonment Board's Appeal in Arbitration Appointment Dispute. Limitation period for Section 11 application under Arbitration and Conciliation Act, 1996 runs from date of refusal to appoint arbitrator, not from request date, under Article 137 of Limitation Act, 1963, and no claim certificate does not extinguish arbitration clause.

15 Mar 2021

The dispute arose from three contracts dated 23.09.2000 and 17.09.2001 between Secunderabad Cantonment Board (appellant) and M/s B. Ramachandraiah & S...

High Court

High Court of Karnataka Dismisses Writ Petition Upholding Maintainability of Arbitral Award Execution before Commercial Court. Execution Petition Held Competent Under Section 10(3) of Commercial Courts Act, 2015 as an Application Arising Out of Arbitration, Overruling Objections Based on Order XXI CPC.

10 Jun 2025

Abraham Memorial Education Trust, the petitioner and judgment debtor, challenged an order of the XI Additional District and Sessions Judge (Dedicated ...

High Court

Bombay High Court Allows Appeal Against Single Judge's Order in International Commercial Arbitration Dispute — Parties Did Not Exclude Part-I of Arbitration Act by Choosing Foreign Law and Seat Abroad. The Court held that under the Bhatia International regime, Part-I of the Arbitration and Conciliation Act, 1996 applies to international commercial arbitrations held outside India unless expressly or impliedly excluded, and mere choice of foreign law and seat does not constitute implied exclusion.

6 Aug 2013

The appeal arose from a judgment of a Learned Single Judge of the Bombay High Court dated 15 November 2011, which held that the Court had no jurisdict...

High Court

Bombay High Court Allows Appointment of Arbitrator in Infrastructure Facility Agreement Dispute — Disputes Referable to Arbitration Despite Allegations of Repudiation. The court held that issues of repudiation and limitation are for the arbitral tribunal to decide under Section 11 of the Arbitration and Conciliation Act, 1996.

6 Jun 2022

The applicant, Priya Malay Sheth, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbit...

Supreme Court

Supreme Court Appoints Arbitrator in Shareholder Dispute Over Share Transfer and Lock-In Period — Holds That Disputes Relating to Shareholders Agreement Are Arbitrable Despite Alleged Termination of Service Agreement. The court found that the arbitration clause in the Shareholders Agreement survived termination and that the claims regarding shareholding rights fell within its scope, rejecting the respondents' objections.

18 Nov 2024

The petitioner, Aslam Ismail Khan Deshmukh, a Non-Resident Indian with expertise in the drilling fluid industry, filed two petitions under Section 11(...

High Court

Bombay High Court Allows Appeal Under Section 37 of Arbitration Act Against Rejection of Section 9 Petition — Interim Relief Granted to Foreign Investor in Shareholder Dispute. Court holds that the arbitral tribunal's jurisdiction to decide on interim measures does not preclude the court from granting interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, especially when the tribunal is not yet constituted.

29 Jan 2021

The Appellant, Aniket SA Investments LLC, a foreign investor and shareholder in Respondent No. 1 (Janapriya Engineers Syndicate Private Limited), file...

High Court

High Court Dismisses Petitions Under Section 37 of Arbitration and Conciliation Act, 1996, Upholding Arbitral Tribunal's Refusal of Interim Relief for Possession of Flats. Arbitral Tribunal's Discretion in Denying Interim Measures Under Section 17 Upheld, as No Patent Illegality or Perversity Demonstrated in Orders Dated February 14, 2019 and December 15, 2022.

5 Mar 2026

The dispute originated from a Joint Development Agreement dated August 20, 2009, between the Owner (late Petitioners, represented by legal heirs) and ...

High Court

Bombay High Court Allows Arbitration Appeal Against Vacation of Stay on Bank Guarantee Invocation. Court holds that the arbitral tribunal's interim order under Section 17 of the Arbitration and Conciliation Act, 1996, granting stay on invocation of performance bank guarantees, cannot be vacated solely on the ground of balance of convenience when there is a serious dispute regarding the underlying contract and the invocation is alleged to be fraudulent.

10 Sep 2025

The appellant, M/s. Pinnacle Teleservices Pvt. Ltd., filed an arbitration appeal against the order dated 27-08-2024 passed by the learned District Jud...

Supreme Court

Supreme Court Interprets Court's Power Under Section 9 of Arbitration Act Post-Tribunal Constitution. The Court Held That Courts Can Entertain Section 9 Applications After Tribunal Constitution But Must Examine Efficacy of Section 17 Remedy, with 'Entertain' Encompassing Entire Adjudication Process Under the Arbitration and Conciliation Act, 1996.

14 Sep 2021

The dispute arose from a Cargo Handling Agreement between the parties, containing an arbitration clause. The appellant invoked arbitration via a notic...

High Court

Bombay High Court Allows Enforcement of Foreign Arbitral Award in Favour of Decree-Holder Against Judgment-Debtors. Court Rejects Objections Under Section 48 of Arbitration and Conciliation Act, 1996 Including Public Policy, Non-Arbitrability, Fraud, Limitation, and Res Judicata.

18 Apr 2016

The applicant, Integrated Sales Services Limited, a Hong Kong-based company, obtained a foreign arbitral award dated 28 March 2010 from an Internation...

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