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Search Results for "Arbitration award"

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Supreme Court

Supreme Court Dismisses Appeal in Arbitration Award Challenge - Upholds Division Bench's Setting Aside of Award on Public Policy and Limitation Grounds. Award Found Contrary to Public Policy Due to Unsustainable Accounting Method Over 21 Years and Counter Claim Barred by Limitation Under Section 17 of Limitation Act, 1963 as Filed Beyond 3 Years from Knowledge of Alleged Fraud.

2 Mar 2023

The appeal arose from an order of the Madras High Court Division Bench which set aside an arbitral award that had been upheld by a single judge. The d...

Supreme Court

Supreme Court Reverses High Court Order Permitting Evidence in Arbitration Challenge. The Court held that the 2019 amendment to Section 34(2)(a) of the Arbitration & Conciliation Act, 1996 is clarificatory and limits evidence to the arbitral record, disallowing additional evidence in Section 34 proceedings except in exceptional circumstances.

19 Jan 2023

The dispute arose from an arbitral award dated 12.03.1998, which was challenged by the respondents through an application under Section 34 of the Arbi...

Supreme Court

Supreme Court Partly Allows Appeal in Arbitration Case, Modifying Interest Award Due to Claimant's Delay and Unreasonable Rate. Arbitrator's Discretion Under Section 31(7)(a) of Arbitration and Conciliation Act, 1996 Must Be Exercised with Reasons, and Interest Cannot Be Awarded for Periods of Inaction, with Rate Reduced from 18% to 9% and 6%.

30 Sep 2022

The dispute originated from a construction contract awarded in 1971 for building a road link, with completion delayed until 1977. The contractor, afte...

Supreme Court

Supreme Court Dismisses Appeal in Arbitration Case Upholding Arbitrator's Discretion on Post-Award Interest. The Court held that under Section 31(7)(b) of the Arbitration and Conciliation Act, 1996, the arbitrator has discretion to determine the quantum for post-award interest, and since the award specified interest only on the principal, the statutory default did not apply.

1 Sep 2022

The appeal arose from a judgment of the Delhi High Court dismissing an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, which ch...

Supreme Court

Supreme Court Allows Appeal in Arbitration Award Challenge Due to Improper Delay Condonation and Inadequate Merits Examination. The Court Held That Short Delay in Filing Objections Under Section 34 of Arbitration and Conciliation Act, 1996 Should Have Been Condoned and Remanded for Fresh Consideration on Merits Including Limitation Issues.

30 Mar 2022

The dispute arose from a construction contract dated 6 July 1998 between Haryana Urban Development Authority, Karnal, and M/s. Mehta Construction Comp...

Supreme Court

Supreme Court Quashes Calcutta High Court's Order Appointing Arbitrator Due to Lack of Territorial Jurisdiction. Territorial Jurisdiction for Section 11 Application Under Arbitration and Conciliation Act, 1996 Depends on Court as Defined in Section 2(1)(e), Not Merely on Seat Designation in Arbitration Clause.

24 Mar 2022

The appeals arose from orders of the Calcutta High Court dated 13 August 2021 and 4 October 2021. The appellant and respondent had entered into a deve...

Supreme Court

Supreme Court Reviews Industrial Dispute Over Contract Labour Wages and Settlement Binding Under Industrial Disputes Act, 1947. High Court Sustained Tribunal Award on Substantive Issues but Remanded for Individual Wage Scale Determination Due to Tribunal's Failure to Apply Basis to Facts.

4 Feb 2022

The dispute originated from a Direct Action notice raised by the Oil Field Employees Association on 26 August 2016, representing workmen engaged by co...

Supreme Court

Supreme Court Allows Decree Holder's Appeal in Execution of Foreign Money Decree Under Section 44A CPC. High Court of Delhi Held to Have Jurisdiction as Principal Civil Court of Original Jurisdiction When Decretal Amount Exceeds Pecuniary Limits Under Section 5(2) of Delhi High Court Act, 1966.

28 Jan 2022

The dispute arose from the execution of a money decree dated 7th February 2006, passed by the High Court of Justice, Queen’s Bench Division, Commerc...

Supreme Court

Supreme Court Dismisses Plaintiff's Appeal in Partition Suit Based on Res Judicata and Invalid Will. The suit was barred under Section 11 of the Code of Civil Procedure, 1908, as prior litigation had conclusively established a valid partition in 1964, extinguishing the testator's ownership rights and rendering the will ineffective.

27 Jan 2022

The dispute originated from a partition suit filed by the plaintiff, who claimed a one-fourth share in joint family properties based on a will execute...

Supreme Court

Supreme Court Partly Allows Appeals in Arbitration Dispute Over Interest and Contract Interpretation. The Court held that arbitral tribunals have the power to award compound interest under Section 31(7) of the Arbitration and Conciliation Act, 1996, and that a Memorandum of Understanding merged into an Implementation Agreement for arbitration purposes based on contractual terms.

7 Jan 2022

The Supreme Court addressed two civil appeals arising from a common judgment of the High Court of Himachal Pradesh in an arbitration dispute between U...

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