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Search Results for "arbitrator award"

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Supreme Court

Supreme Court Considers Appeal Against High Court Judgment Dismissing Challenge to Arbitral Award in Bill Discounting Dispute — Contractual Interest Rate of 36% Per Annum with Monthly Rests Upheld. High Court's Upholding of Arbitral Award on Interest Rate Based on Mutual Agreement Between Commercial Parties and Not Opposed to Public Policy.

1 Jan 1970

The dispute arose from a bill discounting facility extended by the respondent to a seller (BDDL) and buyer (appellant) of goods. The appellant and BDD...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that where parties have agreed on a procedure for appointment of arbitrator, the court must respect it unless bias or failure is shown.

29 Mar 2019

The Supreme Court heard a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6) of t...

High Court

Bombay High Court Dismisses Review Petition in Arbitration Appointment Case — No Error Apparent on Face of Record. Court holds that review cannot be used as an appeal and that the arbitrator's appointment under Section 11 of the Arbitration and Conciliation Act, 1996 is not subject to review on merits.

8 Jun 2016

The petitioners, Roptonal Ltd (formerly Indian Film Company (Cyprus) Ltd) and Viacom 18 Media Pvt. Ltd., filed a review petition in the Bombay High Co...

High Court

Bombay High Court Dismisses Petition to Set Aside Arbitral Award in Cotton Supply Dispute. Consolidation of Claims from Nine Contracts with Identical Terms Does Not Violate Fundamental Policy of Indian Law Under Section 34 of the Arbitration and Conciliation Act, 1996.

9 Feb 2023

The petitioner, BST Textile Mills Pvt. Ltd., entered into nine contracts with the respondent, The Cotton Corporation of India Ltd., for the purchase o...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that pre-amended provisions of the Arbitration and Conciliation Act, 1996 apply to arbitration requests received before 23rd October, 2015, and the High Court must respect the agreed appointment procedure.

29 Mar 2019

The Supreme Court considered a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6)...

High Court

Bombay High Court Allows Appointment of Arbitrator Despite Death of Named Arbitrators in Arbitration Clause. Clause 21 of Agreement Construed as Valid Arbitration Agreement Under Section 7 of Arbitration and Conciliation Act, 1996.

8 May 2012

The Applicant, Global Cements Ltd., entered into an agreement for sale with the Respondent, The Associated Cement Companies Ltd., on 16 December 1989....

High Court

Bombay High Court Allows Arbitration Petition Under Section 14, Setting Aside Arbitrator's Order Dismissing Substitution Application. Arbitrator's Termination of Proceedings on Grounds of Delay Held Perverse, Amounting to Refusal to Perform Functions and Not an Interim Award Under Section 34.

12 Feb 2019

The dispute arose from a partnership firm where the original claimant, father of the petitioners, had initiated arbitration proceedings in 2004. After...

High Court

High Court of Karnataka Hears Challenge to Arbitrator's Interlocutory Order on Summoning of Documents. Court Considers Maintainability of Writ Petitions Against Interlocutory Orders Under Articles 226 and 227 in Light of SBP & Co. v. Patel Engineering.

16 Mar 2023

The dispute arose between Dodballapur Integrated Textile Park Limited and the claimants, Vinod G. Jain and Premalatha G. Jain, under a sub-lease agree...

High Court

Bombay High Court Allows Arbitration Petitions in Land Acquisition Dispute — Reference to Arbitration Directed Under Section 64 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Dispute over compensation for acquired land referred to arbitration as per statutory mechanism, rejecting objections of limitation and maintainability.

30 Nov -0001

The judgment concerns three arbitration petitions filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an a...

Supreme Court

Supreme Court Dismisses Petition for Appointment of Arbitrator in Franchise Dispute Due to Ex-Facie Time-Barred Claims. Limitation Act, 1963 applies to Section 11(6) applications under the Arbitration and Conciliation Act, 1996, and the court may refuse reference where claims are hopelessly barred by limitation.

1 Mar 2024

The petitioner, M/s Arif Azim Co. Ltd., a company based in Afghanistan, filed a petition under Section 11(6) of the Arbitration and Conciliation Act, ...

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