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COMMERCIAL ARBITRATION PETITION(L) NO. 6451 OF 2020

The High Court of Judicature at Bombay, Commercial Division, pronounced judgment on 16 March 2022 in a petition filed under Section 34 of the Arbitrat...

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Bombay High Court Adjudicates Arbitration Petition Under Section 34 of the Arbitration and Conciliation Act, 1996 Challenging Awards Passed in Hire Purchase Dispute. The Court Examines Objections Relating to Stamp Duty, Admissibility of Documents, and Jurisdiction of the Arbitrator.

The dispute stemmed from a Hire Purchase Agreement dated 24 April 1995 between the petitioners and the respondent for eight Honda Accord cars, accompa...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Share Purchase Agreement Dispute. Court upholds award of damages for breach of contract, finding no patent illegality or conflict with public policy under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Sonoma Management Partners Pvt. Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an ...

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Supreme Court Dismisses Third-Party Claim in Execution Proceedings -- Appellant Fails to Remove Property Attachment for Arbitral Award Recovery -- Mother of Company Director Cannot Defeat Creditor's Rights as Post-Award Purchaser

The Supreme Court upheld the attachment of property in execution of an arbitral award, rejecting the third-party claim by Appellant who had purchased ...

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Madras High Court Allows Revision Petition Challenging Return of Section 34 Petition for Lack of Jurisdiction — Holds That Exclusive Jurisdiction Clause in Contract and Prior Section 9 Filing at Salem Confer Jurisdiction on Salem Courts Under Section 42 of Arbitration and Conciliation Act, 1996.

The revision petitioner, Waterbury Farrel, a division of Magnum Integrated Technologies Inc., Canada, filed Arb.O.P.No.103 of 2019 before the Principa...

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Bombay High Court Addresses Section 11 Application for Appointment of Arbitrator; Validity of 20% Claim Cap Clause Under Scrutiny. The Court Examines Whether a Contractual Condition Limiting Arbitration to Claims Not Exceeding 20% of Contract Value Is Arbitrary and Discriminatory.

The dispute arose from a contract dated 7 May 2018 between a contractor and the Central Railways for the preparation of design and structural drawings...