Search Results for "arbitrator ineligibility"

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Search Results for "arbitrator ineligibility"

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High Court

Bombay High Court Allows Section 11 Application to Appoint Arbitrator in BPCL Contract Dispute — Unilateral Appointment Clause Invalid Under Section 12(5) of Arbitration Act. The court held that an arbitration clause giving one party the sole right to appoint an arbitrator is invalid under Section 12(5) read with the Seventh Schedule of the Arbitration and Conciliation Act, 1996, and appointed an independent arbitrator.

26 May 2017

The applicant, DBM Geotechnics & Constructions Pvt Ltd (DBM), filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, see...

High Court

Bombay High Court Allows Section 11(6) Petition for Appointment of Arbitrator in Construction Contract Dispute — Respondent's Failure to Appoint Arbitrator Despite Repeated Requests Constitutes Failure of Mechanism. The court held that the respondent's inaction for over a year amounted to waiver of its right to appoint an arbitrator under the arbitration agreement.

2 Jun 2020

The petitioner, Afcons Infrastructure Limited, entered into a contract with the respondent, Konkan Railway Corporation Limited, on 12 December 2005 fo...

High Court

High Court of Bombay addresses the legal effect of unilateral arbitrator appointments made prior to 23 October 2015 in light of the 2015 amendment to the Arbitration and Conciliation Act, 1996. The court examines whether such appointments are void ab initio and the jurisdiction of the executing court to entertain challenges at the execution stage.

4 Aug 2026

The judgment concerns a reference from the Executing Court in a batch of execution applications filed by M/s. S. E. Investments Ltd. (now Paisalo Digi...

Supreme Court

Supreme Court Allows Appointment of Arbitrator in Government Contract Dispute Despite Non-Exhaustion of Pre-Arbitration Procedure. Party Autonomy and Minimal Judicial Intervention Upheld Under Section 11 of the Arbitration and Conciliation Act, 1996.

28 Nov 2025

The appellant, Hindustan Construction Company Ltd., was awarded a contract by the respondent, Bihar Rajya Pul Nirman Nigam Ltd. (BRPNNL), on 04.03.201...

High Court

High Court of Karnataka Allows Petition for Appointment of Arbitrator in Contract Dispute Between Construction Firm and HAL Under Section 11(6) of Arbitration and Conciliation Act, 1996. Both parties consented to appointment of arbitrator from panel of Arbitration Centre - Karnataka.

20 Sep 2018

The petitioner, M/s V.K.A. Constructions Engineers & Contractors, filed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, ...

High Court

Bombay High Court Allows Enforcement of Foreign Arbitral Award in Investment Dispute — Rejects Bias Challenge Based on Non-Disclosure. Failure to disclose by arbitrator does not automatically render award contrary to public policy under Section 48(2)(b) of Arbitration and Conciliation Act, 1996; respondents waived objection by participating in arbitration without raising issue.

25 Apr 2023

The petitioner, HSBC PI Holdings (Mauritius) Limited, sought enforcement of a foreign arbitral award against the respondents, Avitel Post Studioz Limi...

Supreme Court

Supreme Court Holds Unilateral Appointment of Arbitrators Violates Equality Principle Under Section 18 of Arbitration and Conciliation Act, 1996. Party Autonomy Cannot Override Mandatory Requirement of Independence and Impartiality, and Unilateral Appointment Clauses in Public-Private Contracts Are Unconscionable and Void.

13 Nov 2024

The Supreme Court of India, in a Constitution Bench judgment, addressed the validity of unilateral appointment of arbitrators under the Arbitration an...

Supreme Court

Supreme Court Allows Appointment of Arbitrator in Dispute Over Encashment of Performance Bank Guarantee After Full Contractual Performance. Arbitration Clause Covers Dispute Despite Completion of Contract and Payment.

19 May 2023

The petitioner, M/S Glock Asia-Pacific Ltd., filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointme...

High Court

High Court of Bombay Considers Petition for Termination of Standing Arbitral Tribunal's Mandate in Railway Construction Contract Dispute. Petitioner Seeks Appointment of New Arbitral Tribunal Under Sections 11(6), 14(2), and 15(2) of the Arbitration and Conciliation Act, 1996, Alleging Lack of Independence of Serving Railway Officer Arbitrators.

12 Dec 2019

The petitioner, ITD Cementation India Ltd., a company engaged in construction and infrastructure, was awarded a contract by the respondent, Konkan Rai...

High Court

Bombay High Court Dismisses Section 37 Petition Challenging Arbitrator's Order Terminating Arbitration for Lack of Arbitration Agreement. Developer Fails to Prove Existence of Arbitration Clause in Development Agreement with Cooperative Housing Society.

5 Jun 2023

The petitioner, M/s. Panama Builders & Developers Pvt. Ltd., filed a petition under Section 37 of the Arbitration and Conciliation Act, 1996, challeng...

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