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Search Results for "arbitrator power"

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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...

Supreme Court

Supreme Court Appoints Independent Arbitrator in Perkins Eastman v. HSCC Dispute — Clause 24 Arbitration Mechanism Invalid Due to Lack of Impartiality. The Court held that a person ineligible to act as arbitrator cannot appoint an arbitrator, relying on TRF Limited v. Energo Engineering Projects Limited.

29 Nov 2019

The Supreme Court considered an application under Section 11(6) read with Section 11(12)(a) of the Arbitration and Conciliation Act, 1996, and the App...

High Court

Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award in Land Sale Dispute. Court Holds That Section 34 Petition Cannot Be Used to Reappreciate Evidence and That Award Was Not Perverse.

30 Aug 2019

The case involves an arbitration appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging the judgment of the Principal Dist...

High Court

Bombay High Court Terminates Arbitrator's Mandate for Failure to Render Award and Excessive Fees — Substitute Arbitrator Appointed Under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996. The Court held that failure to render award within reasonable time and demanding excessive fees constitute failure to act under Section 14(1)(a) of the Act.

16 Apr 2019

The petitioner, Parekh Industries Limited, filed a petition under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996, seeking terminatio...

Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Dispute — CMD's Ineligibility to Act as Arbitrator Renders Appointment Void Ab Initio. Express Agreement in Writing Under Section 12(5) Proviso Must Be Post-Dispute and Cannot Be Inferred from Pre-Dispute Conduct.

10 Apr 2019

The Supreme Court allowed the appeals filed by Bharat Broadband Network Limited (BBNL) against the judgment of the Delhi High Court, which had rejecte...

High Court

Bombay High Court Dismisses Petition to Remove Arbitrator in Arbitration Dispute. Relationship Between Arbitrator and Law Firm Representing Party Does Not Automatically Disqualify Under Section 12(5) of Arbitration Act.

2 Mar 2017

The petitioner, Sheetal Maruti Kurundwade, filed a petition under Section 9 and Sections 12(3) and 12(5) of the Arbitration and Conciliation Act, 1996...

High Court

Bombay High Court Dismisses Review Petition in Arbitration Appointment Case — No Error Apparent on Face of Record. Court holds that review cannot be used as an appeal and that the arbitrator's appointment under Section 11 of the Arbitration and Conciliation Act, 1996 is not subject to review on merits.

8 Jun 2016

The petitioners, Roptonal Ltd (formerly Indian Film Company (Cyprus) Ltd) and Viacom 18 Media Pvt. Ltd., filed a review petition in the Bombay High Co...

High Court

Bombay High Court Allows Arbitration Petition Challenging Arbitral Award on Grounds of Patent Illegality and Public Policy. Court sets aside award for ignoring contractual terms and failing to consider counterclaims.

29 Oct 2015

The judgment concerns two arbitration petitions arising out of the same arbitral award. The petitioners (original respondents) challenged the award un...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Sponsorship Dispute — Holds Arbitrator Exceeded Jurisdiction by Awarding Interest Without Agreement and Rejecting Counterclaim Without Proper Consideration. The court found that the arbitrator's award of interest at 18% per annum was contrary to the Deal Memo which provided for interest at 18% per annum only after 30 days of default, and that the rejection of the counterclaim for damages due to alleged breach of exclusivity was not supported by reasons.

17 Dec 2014

The petitioner, Rashmi Housing Private Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitr...

High Court

Bombay High Court Dismisses Section 34 Petitions Challenging Arbitral Awards in Development Agreement Dispute. Court upholds arbitrator's findings on breach of contract and quantum of damages, rejecting grounds of patent illegality and public policy.

14 Mar 2013

The petitioners, Pradyuman Kumar Sharma and Kuber Planters Limited, filed four arbitration petitions under Section 34 of the Arbitration and Conciliat...

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