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Search Results for "commercial arbitration petition"

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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...

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

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 Considers Appeal Against High Court Judgment Dismissing Challenge to Arbitral Award in Bill Discounting Dispute — Contractual Interest Rate of 36% Per Annum with Monthly Rests Upheld. High Court's Upholding of Arbitral Award on Interest Rate Based on Mutual Agreement Between Commercial Parties and Not Opposed to Public Policy.

1 Jan 1970

The dispute arose from a bill discounting facility extended by the respondent to a seller (BDDL) and buyer (appellant) of goods. The appellant and BDD...

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...

Supreme Court

Supreme Court Allows Appeals in Arbitration Time Extension Dispute — Holds Application Under Section 29A(5) Can Be Filed After Expiry of Arbitral Tribunal's Mandate. The court resolved the conflict among High Courts by interpreting Section 29A(4) and (5) of the Arbitration and Conciliation Act, 1996 to permit post-expiry extension applications, overruling the Calcutta High Court's decision in Rohan Builders.

1 Jan 2024

The Supreme Court of India, in a batch of civil appeals arising from Special Leave Petitions, addressed a significant conflict among High Courts regar...

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 ...

High Court

Karnataka High Court Hears Appeal Under Section 37 of Arbitration Act Against Dismissal of Section 34 Petition in Joint Development Dispute. Developer Challenged Dismissal of Challenge to Arbitral Award Regarding Revocation of Power of Attorney and Ownership Rights in Constructed Property.

21 Feb 2025

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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...

High Court

COMMERCIAL ARBITRATION APPEAL NO.10 OF 2024

2 May 2025

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