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Search Results for "arbitrator substitution"

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High Court

Bombay High Court Allows Appeal in Arbitration Case — Holds That Death of Named Sole Arbitrator Does Not Invalidate Arbitration Agreement; Court Can Appoint Substitute Arbitrator Under Section 11 of Arbitration and Conciliation Act, 1996. The court set aside the Single Judge's order dismissing Section 9 application and remanded for fresh consideration.

15 Jun 2010

The appellant, Khorshed E. Nagarwalla, filed an appeal against an order of a learned Single Judge of the Bombay High Court dismissing her application ...

High Court

Bombay High Court Dismisses Petition to Terminate Arbitrator's Mandate in Commercial Dispute — No Justifiable Doubts as to Independence or Impartiality Established. The Court held that the petitioner failed to establish any justifiable doubts regarding the arbitrator's independence or impartiality, and that the petitioner had waived its right to object by participating in the proceedings without objection.

17 Jan 2023

The petitioner, Quess Corp, filed a petition under Section 14 of the Arbitration and Conciliation Act, 1996, seeking termination of the mandate of the...

Supreme Court

Supreme Court Upholds Setting Aside of Arbitral Award Due to Procedural Unfairness and Appoints New Arbitrator in Railway Contract Dispute. Arbitrator's Haste in Denying Cross-examination and Excluding Evidence Violated Natural Justice Under Sections 34(2)(a)(iii) and 34(2)(b)(ii) of Arbitration and Conciliation Act, 1996, Leading to Award Being Quashed.

18 Nov 2021

The dispute originated from a 1993 contract awarded by Northern Railway to M/s. Narinder Singh and Sons for additional washing line work at Jammu Tawi...

High Court

Bombay High Court Rejects Allegations of Arbitrator Bias in Stamp Duty Compliance Matter. Arbitrator's Visit to Stamp Authorities to Explain Legal Process Under Maharashtra Stamp Act, 1958 Deemed Part of Statutory Duty and Not Evidence of Partiality.

23 Jul 2025

The petition invoked Section 14(2) of the Arbitration and Conciliation Act, 1996, seeking substitution of the sole arbitrator on the ground that she l...

High Court

High Court of Karnataka Disposes Four Civil Miscellaneous Petitions Filed Under Sections 11(6) and 12 of the Arbitration and Conciliation Act, 1996 Seeking Appointment of Substitute Arbitrator. Petitioners Contended That Arbitrators Appointed by CPWD Were Ineligible Under Section 12(5) for Want of Mandatory Consent.

19 Sep 2019

The petitioners, M/s. Sri Krishna Shelters Pvt. Ltd., were awarded six construction contracts by the Central Public Works Department (CPWD) for works ...

High Court

Bombay High Court Allows Appointment of Neutral Arbitrator in Railway and Airport Authority Contracts — Unilateral Appointment Clause Invalid. Arbitration clause providing for appointment by General Manager or officer of the same entity violates Section 12(5) of Arbitration and Conciliation Act, 1996.

27 Mar 2024

The judgment concerns three matters: two arbitration applications and one arbitration petition, all raising a common question about the validity of ar...

High Court

Bombay High Court Allows Appointment of Arbitrator in Sub-Contract Dispute Over Excavation Work — Rejects Objection on Limitation and Non-Existence of Dispute. Court holds that existence of arbitration clause and failure of respondent to pay amounts due constitutes a dispute, and limitation is a mixed question of fact for the arbitrator.

26 Jul 2022

The applicants, Vishwajit Sud & Co. and Vishwajit Infrastructure Pvt. Ltd., filed two applications under Section 11 of the Arbitration and Conciliatio...

High Court

High Court of Bombay Considers Maintainability of Section 14(2) Petition Against Sole Arbitrator's Order Rejecting Substitution of Legal Heirs in Partnership Arbitration. Court examines whether dismissal of impleadment application as time-barred amounts to termination of mandate under Section 14(2) of Arbitration and Conciliation Act, 1996.

12 Feb 2019

Background: The matter arose from partnership disputes concerning the firm 'Sanghavi Brothers'. The original claimant, father of the petitioners, had ...

High Court

Bombay High Court Allows Appointment of Arbitrator Despite Earlier Refusal to Extend Mandate Under Section 29A of Arbitration Act — Refusal to Extend Mandate Does Not Terminate Arbitral Proceedings or Bar Fresh Appointment Under Section 11.

1 Apr 2026

The case involves a dispute arising out of a Deed of Assignment of Development Rights dated 6 December 2010 between the applicants (Nalin Vallabhbhai ...

Supreme Court

Supreme Court Allows Appeal and Reinstates Arbitral Award in Manning Agreement Dispute Over Vessel Grounding Penalty. Arbitrator Held to Have Jurisdiction to Interpret Contract and Invalidate Ouster Clause Under Section 28 of Indian Contract Act, 1872, with Limited Judicial Review Under Section 37 of Arbitration and Conciliation Act, 1996.

23 Mar 2026

The dispute originated from a Manning Agreement dated 26.12.2008 between appellant and the (respondent) for manning 17 vessels. On 06.07.2009, the ves...

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