Search Results for "commercial arbitration application"

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Search Results for "commercial arbitration application"

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High Court

Gujarat High Court Dismisses Appeal Under Section 37 of Arbitration Act for Delay in Filing Section 34 Application — Limitation Period for Challenging Arbitral Award Cannot Be Extended Beyond Statutory Cap. The court held that the appellant's application under Section 34 of the Arbitration and Conciliation Act, 1996 was barred by limitation as it was filed over four years after the award, far beyond the three-month period plus thirty-day extension allowed under Section 34(3).

19 Feb 2026

The appellant, Darshana Bhupendra Parekh, filed a First Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against the dismissal of...

Supreme Court

Supreme Court Sets Aside Arbitral Award for Unexplained Delay and Unworkability - Restores Parties to Original Positions Under Article 142. Unexplained delay of over three years in pronouncing award and failure to finally settle disputes renders award contrary to public policy under Section 34 of Arbitration and Conciliation Act, 1996.

1 Jan 2025

The Supreme Court of India considered two civil appeals arising from an arbitral award that was reserved on 28.07.2012 but pronounced only on 16.03.20...

High Court

High Court of Karnataka Allows Civil Revision Petition, Sets Aside Order Referring Dispute to Arbitration Under Section 8(1) of Arbitration and Conciliation Act, 1996 — Agreement Not Duly Stamped and Insufficiently Stamped, Hence Not Enforceable.

12 Dec 2024

The petitioner-plaintiff filed a suit for recovery of Rs.16,29,311.74 with interest. The suit was decreed ex parte on 10.04.2018. The defendant No.1 f...

High Court

Bombay High Court Allows Appointment of Sole Arbitrator in Banking Investment Dispute - Failure of Respondent to Nominate Arbitrator Triggers Court's Power Under Section 11(6) of Arbitration and Conciliation Act, 1996. The court appointed a sole arbitrator to adjudicate disputes arising out of an Agreement dated 18th April, 2018 and Deed of Guarantee dated 18th April, 2018, as the respondent failed to nominate an arbitrator.

17 Jul 2023

The applicant, Kotak Mahindra Bank Ltd., a public company and banking company, filed an application under Section 11(6) of the Arbitration and Concili...

Supreme Court

Supreme Court Allows Appeal in Arbitration Clause Validity Dispute Under Lease Agreement. The arbitration clause designating the lessee's Managing Director as sole arbitrator is upheld as valid under the Arbitration and Conciliation Act, 1996, absent contravention of public policy.

1 Feb 2022

The Supreme Court heard appeals by Indian Oil Corporation Limited against a judgment of the Bombay High Court. The dispute arose from a lease agreemen...

Supreme Court

Supreme Court Upholds High Court's Appointment of Arbitrator in Arbitration Dispute Over Distributorship Agreement. The Court affirmed that Section 12(5) of the Arbitration and Conciliation Act, 1996, applies to ensure arbitrator neutrality, overriding prior arbitration clauses that designate potentially biased arbitrators, such as a party's Chairman.

9 Sep 2021

The dispute arose from a distributorship agreement dated March 31, 2015, between Jaipur Zila Dugdh Utpadak Sahkari Sangh Limited (the petitioner) and ...

Supreme Court

Supreme Court Upholds 10% Deposit Condition in Arbitration Clause as Valid in Commercial Contracts. Clause requiring deposit-at-call of 10% of claim amount before invoking arbitration is not arbitrary or discriminatory under Article 14.

11 Mar 2019

The case arose from a tender issued in 2008 by the Punjab State Water Supply & Sewerage Board for water supply and sewerage projects. The appellant, M...

High Court

Bombay High Court Dismisses Petition for Reference to Arbitration in MOFA Suit Involving Non-Signatory Parties. Arbitration Clause Cannot Be Invoked When Suit Seeks Statutory Reliefs Against Developer and Municipal Corporation Under Maharashtra Ownership of Flat Act, 1963.

5 Aug 2013

The petitioner, Shah & Mody Developers, was the defendant in a suit filed by the respondents (Alka Ketan Shah and others) in the City Civil Court, Din...

High Court

Bombay High Court Allows Application for Appointment of Arbitrator in Railway Contract Dispute. Arbitration Clause in Works Contract Enforced Under Section 11 of Arbitration and Conciliation Act, 1996.

8 Apr 2013

The applicant, a registered government contractor, was awarded a contract by the respondent, the General Manager of South Central Railway, for extensi...

High Court

Bombay High Court Allows Arbitration Appeals and Interim Applications in Developer-Dispute Cases — Appointment of Sole Arbitrator Upheld Despite Alleged Non-Signatory Status. Section 11(6) of Arbitration and Conciliation Act, 1996 empowers court to appoint arbitrator even if some parties are non-signatories to arbitration agreement, provided they are claiming through or under signatory parties.

30 Nov -0001

The case involves two arbitration appeals and two interim applications arising from a dispute between purchasers (appellants) and a developer (respond...

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