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Search Results for "arbitration challenge"

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High Court

Bombay High Court Dismisses Jurisdictional Objection in Foreign Award Enforcement — Implied Exclusion of Part I of Arbitration Act Upheld. Parties' choice of London arbitration and English law impliedly excludes Part I of the Arbitration and Conciliation Act, 1996, including section 42, so prior section 34 application in Gujarat does not bar Bombay High Court from hearing enforcement petition under section 48.

5 Oct 2011

The petitioner, Eitzen Bulk A/S, filed a petition under section 48 of the Arbitration and Conciliation Act, 1996, before the Bombay High Court seeking...

Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

18 Nov 2024

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

Supreme Court

Supreme Court Examines Scope of Section 34 Arbitration Act in National Highways Acquisition Disputes - The court considered whether modification of arbitral awards is permissible under Section 34 of the Arbitration and Conciliation Act, 1996, particularly for compensation awards under the National Highways Act, 1956.

20 Jul 2021

The Supreme Court addressed a significant legal question regarding the scope of judicial intervention under Section 34 of the Arbitration and Concilia...

High Court

High Court of Judicature at Bombay Adjudicates Appeals Against Single Judge Order Directing Depository and Broker to Pay Monetary Value of Shares Transferred in Breach of Injunction in Execution of Arbitration Decree. The appeals challenged the maintainability and jurisdiction of the executing court in passing directions against non-parties under Section 47 CPC and the invocation of inherent powers under Section 151 CPC.

12 Aug 2025

The appeals arose from an order dated 9 January 2019 passed by a Single Judge of the High Court of Judicature at Bombay in Chamber Summons No.55 of 20...

High Court

Bombay High Court Dismisses Petition for Interim Measures in Slum Rehabilitation Dispute Under Section 9 of Arbitration Act, Citing Public Interest in Airport Development. Termination of Determinable Contract Not Stayed as Injunction Would Amount to Specific Performance Barred Under Specific Relief Act.

23 Aug 2013

The case arose from a petition under Section 9 of the Arbitration and Conciliation Act, 1996, filed by Housing Development and Infrastructure Limited ...

High Court

High Court of Karnataka Examines Challenge to Commercial Court’s Dismissal of Section 34 Petitions Upholding Arbitral Awards on Escalation Claims. Dispute Arises Out of Delays in Five Hospital Renovation Projects Undertaken by Contractor and Alleged Breach of Contract by Government Entities.

19 Sep 2024

The appellant, a contractor, was the successful bidder for 14 projects relating to the renovation and expansion of various government hospitals in Kar...

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

Bombay High Court Allows Enforcement of Foreign Award in Favor of Petitioner in Arbitration Dispute. Court Holds That Award Does Not Violate Public Policy and Condoned Delay of 273 Days Under Section 5 of Limitation Act, 1963.

6 Oct 2015

The petitioner, M/s. Louis Dreyfus Commodities Suisse S.A., a Swiss company, entered into a contract with the respondent, Sakuma Exports Limited, an I...

High Court

Bombay High Court Allows Appeal Against Ex-Parte Injunction on Bank Guarantee Invocation in Arbitration Matter. The court set aside an ex-parte ad-interim order restraining invocation of bank guarantees under Section 9 of the Arbitration and Conciliation Act, 1996, holding that such orders require hearing and exceptional circumstances.

7 Jan 2016

The appeal was filed by the original respondent (appellant) under Section 37 of the Arbitration and Conciliation Act, 1996, challenging an ex-parte ad...

High Court

High Court of Judicature at Bombay Considers Arbitration Petition No. 1070 of 2011 Under Section 45 of the Arbitration and Conciliation Act, 1996. The Petition Seeks Reference to ICC Arbitration in Dubai Pursuant to a Share Purchase Agreement; the Judgment Text is Incomplete.

20 Dec 2012

The matter arose from a Share Purchase Agreement (SPA) dated 10 December 2004 between Welspun Trading Limited (transferor) and Eupec PipeCoatings GmbH...

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