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Bombay High Court Allows Appeal, Restores Arbitral Award in Contractor vs. Irrigation Corporation Dispute. Court Holds That Section 34 Court Exceeded Its Jurisdiction by Reappreciating Evidence and Setting Aside Award on Grounds Not Permitted Under Section 34 of the Arbitration and Conciliation Act, 1996.

The present Commercial Arbitration Appeal was filed by M/s. Shinde & Sons, a contractor, under Section 37 of the Arbitration and Conciliation Act, 199...

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Madras High Court Sets Aside MSME Facilitation Council Award for Lack of Jurisdiction — BSNL Not Liable for Interest Under MSMED Act as Council Had No Territorial Authority Over Dispute Arising from Contract with Chennai Seat of Arbitration.

The petitioner, M/s. Bharat Sanchar Nigam Limited (BSNL), filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging...

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Supreme Court Dismisses Petition for Appointment of Arbitrator in International Commercial Dispute Due to Lack of Jurisdiction. Indian Courts Lack Supervisory Jurisdiction Over Arbitration Seated in Colombia Governed by Colombian Law.

The petitioner, Disortho S.A.S., a Colombian company, and the respondent, Meril Life Science Private Limited, an Indian company, entered into an Inter...

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High Court of Karnataka Dismisses Appeal Against Arbitral Award in Employment Bond Dispute. Compensatory cost clause for premature resignation held not unconscionable under Section 74 of Indian Contract Act, 1872.

The appellants, Mr. Vivek R Nair and Mr. Raveendran Nair, were the plaintiffs in an arbitration suit (AS No.85/2012) before the 6th Additional City Ci...

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High Court of Karnataka Quashes Arbitrator Appointment in ISRO Contract Dispute Due to Lack of Jurisdiction. Appointment by Delhi Arbitration Centre without consent of Union of India held invalid under Section 11 of Arbitration and Conciliation Act, 1996.

The petitioner, Union of India represented by the Ministry of Space (ISRO), filed a writ petition under Articles 226 and 227 of the Constitution of In...

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Supreme Court Allows Appeal of Foreign Company in Arbitration Dispute — Holds That Foreign Award Cannot Be Challenged Under Section 34 of Arbitration Act. Challenge to Foreign Award Lies Only Under Sections 47-48 for Enforcement, Overruling Bombay High Court's Reliance on Bhatia International.

The appellant, Noy Vallesina Engineering SpA (now Noy Ambiente S.p.a), an Italian company, challenged a judgment of the Bombay High Court which held t...

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Bombay High Court Dismisses Chamber Summons Seeking to Set Aside Consent Terms in Arbitration Petition — Consent Terms Recorded by Court Cannot Be Challenged Under Section 34 of Arbitration and Conciliation Act, 1996.

The applicants, original respondent nos.1 to 5, filed Chamber Summons No.905 of 2013 in Letters Patent Petition No.226 of 2013 and Arbitration Petitio...

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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...