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Madras High Court Allows Revision Petition Challenging Return of Section 34 Petition for Lack of Jurisdiction — Holds That Exclusive Jurisdiction Clause in Contract and Prior Section 9 Filing at Salem Confer Jurisdiction on Salem Courts Under Section 42 of Arbitration and Conciliation Act, 1996.

The revision petitioner, Waterbury Farrel, a division of Magnum Integrated Technologies Inc., Canada, filed Arb.O.P.No.103 of 2019 before the Principa...

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Supreme Court Clarifies Jurisdiction in International Arbitration Agreements. Supreme Court Rules on Applicability of Indian Law and Jurisdiction in Cross-Border Arbitration Disputes

Governing Law of Arbitration Agreement: The Court applied the three-step test from Sulamérica Cia Nacional De Seguros S.A. v. Enesa Engenharia S.A....

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Supreme Court Partially Strikes Down FCRA Amendment Act 2020 — Ban on Transfer of Foreign Funds and Mandatory Aadhaar Held Unconstitutional. The court upheld the requirement of a single FCRA account at SBI New Delhi as a reasonable regulatory measure to prevent misuse of foreign funds.

The judgment deals with a batch of writ petitions challenging the constitutional validity of certain amendments made to the Foreign Contribution (Regu...

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Bombay High Court Dismisses Petition of Police Officer Challenging Transfer — Transfer Held to Be Routine Administrative Act. Petitioner Failed to Establish Malafides or Violation of Transfer Rules.

The petitioner, Rajan Ramchandra Bhogale, an Assistant Commissioner of Police (ACP) in Pune, filed a writ petition challenging his transfer from the p...

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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 Dismisses Section 9 Petition for Lack of Territorial Jurisdiction in International Commercial Arbitration. Parties Impliedly Excluded Part I of Arbitration and Conciliation Act, 1996 by Agreeing to ICC Rules and Zambian Law.

The petitioner, Konkola Copper Mines (PLC), a company registered in Zambia, filed a petition under Section 9 of the Arbitration and Conciliation Act, ...

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Supreme Court Dismisses Section 11 Petition for Appointment of Arbitrator in International Commercial Arbitration Dispute. Holds that BSA governed by Benin law with foreign seat cannot be brought under Part I of Arbitration Act, and issue estoppel applies due to dismissal of anti-arbitration injunction.

The Supreme Court dismissed an arbitration petition filed by Balaji Steel Trade under Section 11(6) of the Arbitration and Conciliation Act, 1996, see...