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Search Results for "arbitration challenge"

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High Court

Bombay High Court Dismisses Petition Challenging Arbitrator's Venue Change in Arbitration Dispute — Clause 19.3(b) of Agreement Held to Specify Seat, Not Venue, Under Section 20 of Arbitration and Conciliation Act, 1996.

15 Oct 2024

The petitioner, Dhule Municipal Commissioner, challenged an interim order dated 16/06/2024 passed by the sole Arbitrator in Arbitration Proceeding No....

High Court

Bombay High Court Allows Termination of Arbitrator's Mandate for Lack of Section 21 Notice and De Jure Ineligibility Under Section 12 of Arbitration Act. The court held that a valid Section 21 notice is mandatory for commencement of arbitration and that an arbitrator must disclose circumstances affecting independence, failing which the mandate can be terminated.

9 Jan 2023

The applicants, Sanjeev Kumar Kailash Prasad Agarwalla and Maya Sanjeev Kumar Agarwalla, filed two applications under Section 11(5) read with Sections...

Supreme Court

Supreme Court Allows Appeal Against Appointment of Arbitrator Due to Unstamped Arbitration Agreement. Court Must Impound Unstamped Agreement Under Stamp Act Before Proceeding Under Section 11 of Arbitration Act.

10 Apr 2019

The appeal arose from a sub-contract between Garware Wall Ropes Ltd. (appellant) and Coastal Marine Constructions & Engineering Ltd. (respondent) for ...

High Court

High Court of Judicature at Bombay Holds Writ Petition Not Maintainable Against Arbitrator's Order on Jurisdiction Under Section 16 and Order Appointing Arbitrator Under Section 11; Alternative Remedies U/S 34 and Article 136 Must Be Availed. The court found that an order under Section 11 is challengeable only before the Supreme Court under Article 136, and a Section 16 order can be contested after the award under Section 34, thus barring writ jurisdiction.

17 Oct 2023

This writ petition arose from a contractual dispute between Hindustan Petroleum Corporation Limited (HPCL), a government enterprise, and a joint ventu...

High Court

High Court of Judicature at Bombay Upholds Arbitral Award in Favor of Oil Corporation in Kerosene Supply Contract Dispute. Arbitrator Had Rejected Limitation Defense Under Contractual Clause and Held Clause Not Void Under Section 28 of Indian Contract Act.

4 Mar 2015

The matter arose from an arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996, filed by the original respondent in the ...

High Court

Bombay High Court Dismisses Challenge to Arbitral Award in Loan Dispute, Upholds Financer's Claim. Court holds that existence of arbitration agreement is not a jurisdictional issue under Section 16 of Arbitration and Conciliation Act, 1996, and the award is not patently illegal.

17 Dec 2012

The judgment concerns two arbitration petitions: Arbitration Petition No. 783 of 2011 filed by the borrowers (M/s. Sahyadri Earthmovers and its partne...

Supreme Court

Supreme Court Allows Appeal in Arbitration Enforcement Case — Upholds Arbitral Award Despite Conflicting Jurisdiction Clauses. Court Holds That Where Multiple Agreements Contain Different Arbitration Clauses, a Common Arbitrator Can Be Appointed with Consent, and the Award Is Not Liable to Be Set Aside Under Section 34 of the Arbitration and Conciliation Act, 1996.

1 Jan 2020

The dispute arose between Quippo Construction Equipment Ltd. (appellant) and Janardan Nirman Pvt. Ltd. (respondent) concerning four agreements for hir...

High Court

Bombay High Court Dismisses Arbitration Petitions Challenging Appointment of Sole Arbitrator in Property Dispute. Court holds that appointment of arbitrator by consent of parties is valid and cannot be challenged under Section 11 of the Arbitration and Conciliation Act, 1996.

30 Jul 2015

The judgment pertains to two arbitration petitions filed under Section 11 of the Arbitration and Conciliation Act, 1996. The petitioners in Arbitratio...

High Court

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.

15 Apr 2026

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

High Court

Bombay High Court Considers Maintainability of Section 34 Petition Against Foreign Award; Preliminary Objection Raised Pending Determination. Arbitration Agreement Existence and Enforcement of Foreign Award Under Part II Also Examined.

8 Apr 2015

The dispute arose from a voyage charter party dated 13 September 2008 between Aurelia Reederei Eugen Friederich GmbH Schiffahrtsgesellschaft & Company...

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