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Bombay High Court Allows Supplier in Arbitration Petition as MSEFC Fails to Act on Payment Claim; Section 18 of MSMED Act Creates Statutory Arbitration Agreement Justifying Section 11 Petition.

The dispute involved a supplier who had executed a purchase order dated June 8, 2018, and supplied goods to the respondent buyer. Invoices were raised...

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Bombay High Court Allows Appointment of Arbitrator Under Section 11(6) of Arbitration and Conciliation Act, 1996 Despite Prior Termination of Arbitral Mandate. Court Holds That Right to Seek Appointment Is Not Extinguished by Termination Where Dispute Remains Unresolved.

The applicant, M/s. Strongwell Construction Company, a partnership firm, filed an application under Section 11(6) of the Arbitration and Conciliation ...

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Bombay High Court Dismisses Appeal Against Arbitral Award — Time Limit in Consent Order Held Directory, Not Mandatory. Arbitrator's Mandate Did Not Terminate Automatically Upon Expiry of Four-Month Period Under Section 14 of Arbitration and Conciliation Act, 1996.

The appeal arose from an order of a Single Judge dismissing a petition challenging an arbitral award dated 31.3.2004. The dispute originated from Suit...

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Bombay High Court Dismisses Section 37 Appeals, Upholding Arbitral Award Against Project Owner in Construction Dispute. Project Owner Bound by Arbitration Clause Though Non-Signatory, Owing to Active Participation and Common Intention Under Cox and Kings Principle.

The Bombay High Court considered three appeals under Section 37 of the Arbitration and Conciliation Act, 1996 arising from a construction contract dis...

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Supreme Court Allows Appeal Against High Court Order Appointing Substitute Arbitrator in Contract Dispute. Court Holds That High Court Erred in Terminating Mandate of Arbitrator Appointed by Consent and in Deviating from Arbitration Clause Without Justification.

The appellant, Rajasthan Small Industries Corporation Limited, invited tenders for handling and road transportation of ISO containers and cargo. The r...