Search Results for "Arbitral Tribunal Jurisdiction"

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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 Supreme Court dismissed two special leave petitions filed by LMJ International Ltd. and Sri Munisuvrata Agri International Ltd. against the judgme...

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Madras High Court Considers Appeal Against Order Setting Aside Arbitral Award in Berth Reservation Dispute. Court Examines Whether the Claim Was Barred by Limitation and Whether the Award Was Patently Illegal Under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996.

The judgment of the Madras High Court in OSA (CAD) No. 39 of 2021 involved an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, a...

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Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award in Partnership Retirement Dispute. The Court Examines Whether the Arbitrator Erred in Rejecting Petitioners' Claims and Imposing Costs Under the Arbitration and Conciliation Act, 1996.

Background: The dispute arose out of a partnership firm, M/s. Prospective Traders, constituted in 1977 by three family trusts. In 1985, the petitioner...

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Bombay High Court Dismisses Petition Challenging Arbitrator's Order on Non-Arbitrability. Disputes Relating to Termination for Convenience and Non-Compete Obligations Held Not Arbitrable Under Section 16 of Arbitration and Conciliation Act, 1996.

The petitioner, Capalpha Trade Private Limited, filed a commercial arbitration petition under Section 37 of the Arbitration and Conciliation Act, 1996...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Arbitration Dispute — No Interference Under Section 34 of Arbitration and Conciliation Act, 1996. Court Held That the Arbitral Award Was Not in Conflict with Public Policy and Did Not Suffer from Patent Illegality.

The petitioner, Hi Style India Pvt. Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an Arbitral A...

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Supreme Court Refers Group of Companies Doctrine to Larger Bench in Arbitration Dispute Over Software Agreement. Questions validity of applying the doctrine to bind non-signatory parent company to arbitration under Sections 8, 11, 35, and 45 of the Arbitration & Conciliation Act, 1996.

The petitioner, Cox & Kings Ltd., filed a petition under Section 11(6) read with Section 11(12)(a) of the Arbitration & Conciliation Act, 1996, seekin...

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Bombay High Court Allows Writ Petition Challenging Dismissal of Execution Application for Arbitral Award on Limitation Grounds. Execution of Arbitral Award is Governed by Article 137 of Limitation Act, 1963, Not Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, Mahindra & Mahindra Financial Services Ltd., had granted a loan of Rs.3,95,000 to respondent No.1 for purchasing a tractor, with respo...