Search Results for "Arbitral Tribunal Jurisdiction"

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Bombay High Court Partially Allows Appeal Against Arbitral Order of Asset Disclosure and Injunction in Commercial Arbitration Dispute. Court upholds disclosure direction but modifies injunction to apply only to assets sufficient to secure the claim amount.

The case involves a petition under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Manish Khera and another (petitioners) challengi...

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Bombay High Court Upholds Arbitrator's Jurisdiction Over Counter-Claim in Partnership Dispute. Allegations of fraud in counter-claim do not render it non-arbitrable unless serious and complex, under Section 16 of Arbitration and Conciliation Act, 1996.

The case involves two arbitration petitions filed by Rekha Agarwal and Sunil Agarwal challenging an order of a Sole Arbitrator under Section 16 of the...

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Bombay High Court Allows Arbitration Petitions, Upholds Arbitrator's Jurisdiction Over Counter-Claim in Partnership Dispute. Arbitration Clause Survives Dissolution of Firm Under Section 16 of Arbitration and Conciliation Act, 1996.

The case involves two arbitration petitions challenging an order of a Sole Arbitrator under Section 16 of the Arbitration and Conciliation Act, 1996, ...

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Bombay High Court Dismisses Petition Challenging Ex-Parte Arbitral Award in Loan Recovery Dispute. Court holds that non-participation in arbitration despite notice and failure to prove fraud or bias does not warrant setting aside award under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioners, The Loot (India) Pvt. Ltd. and its directors, were borrowers and guarantors who had taken a loan from Reliance Capital Limited (the f...

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Supreme Court Allows Civil Appeal in Arbitration Dispute, Restoring Arbitral Award Modified by Lower Courts. Judicial Interference Under Section 34 of Arbitration and Conciliation Act, 1996 is Limited, and Courts Cannot Re-appreciate Evidence or Modify Awards on Merits.

The dispute arose from a construction contract between a civil engineering contractor and the Karnataka State Public Works Department for building off...

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Bombay High Court Dismisses Section 34 Challenge Against Arbitral Order Granting Opportunity to Cure Resolution Irregularity. Order held not an interim award under Section 2(1)(c) of Arbitration and Conciliation Act, 1996 as it does not finally determine any issue.

The judgment concerns two petitions under Section 34 of the Arbitration and Conciliation Act, 1996, filed by the Petitioners (RA Group) challenging an...

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Madras High Court Allows Appeal in Commercial Dispute Over Berth Reservation Agreement — Restores Arbitral Award. Court Holds That Arbitral Tribunal's Findings on Limitation and Merits Were Not Perverse and Did Not Warrant Interference Under Section 34 of the Arbitration and Conciliation Act, 1996.

The appellant, M/s.X-Press Container Lines (UK) Ltd., entered into a Berth Reservation Agreement with the respondent, the Board of Trustees of the Por...

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Supreme Court Dismisses Appeals Against Enforcement of Foreign Arbitral Awards Under Part II of Arbitration and Conciliation Act, 1996 — Holds That Objections to Enforceability Must Be Raised Under Section 48 and That Pendency of Civil Suit Does Not Bar Execution.

The case involves two special leave petitions filed by LMJ International Ltd. and Sri Munisuvrata Agri International Ltd. against Sleepwell Industries...