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Search Results for "Arbitrator"

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Supreme Court

Supreme Court Appoints Independent Arbitrator in Perkins Eastman v. HSCC Dispute — Clause 24 Arbitration Mechanism Invalid Due to Lack of Impartiality. The Court held that a person ineligible to act as arbitrator cannot appoint an arbitrator, relying on TRF Limited v. Energo Engineering Projects Limited.

29 Nov 2019

The Supreme Court considered an application under Section 11(6) read with Section 11(12)(a) of the Arbitration and Conciliation Act, 1996, and the App...

Supreme Court

Supreme Court Partially Allows Contractor's Appeal in Arbitration Dispute Under Arbitration Act, 1940 — Clause 59 of Agreement Does Not Bar Claims for Extra Lead, Non-Supply of Food Grains, Short Supply of Cement, and Stock Materials. Court Restores Arbitrator's Award on Certain Claims, Modifies Interest Rate.

27 Mar 2019

The case arises from arbitration proceedings under the Arbitration Act, 1940, concerning three agreements for irrigation works between the appellant c...

High Court

Bombay High Court Dismisses Arbitration Petition Challenging Arbitral Award on Grounds of Patent Illegality and Public Policy. Court upholds arbitral tribunal's interpretation of partnership deed and findings on dissolution, holding that reappreciation of evidence is not permissible under Section 34 of the Arbitration and Conciliation Act, 1996.

13 Jun 2018

The petitioner, Yogendra N. Thakkar, filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbi...

High Court

Bombay High Court Dismisses Petition to Remove Arbitrator in Arbitration Dispute. Relationship Between Arbitrator and Law Firm Representing Party Does Not Automatically Disqualify Under Section 12(5) of Arbitration Act.

2 Mar 2017

The petitioner, Sheetal Maruti Kurundwade, filed a petition under Section 9 and Sections 12(3) and 12(5) of the Arbitration and Conciliation Act, 1996...

High Court

Bombay High Court Partially Upholds Arbitral Award in Construction Contract Dispute Between L&T and HPCL — Court Sets Aside Award on Claims for Extra Work and Interest, Upholds Claims for Refund of Liquidated Damages and Escalation. The court restored the arbitrator's award on refund of liquidated damages and escalation, holding that the Single Judge exceeded the limited scope of Section 34 of the Arbitration and Conciliation Act, 1996.

16 Sep 2016

The case involves two appeals under Section 37 of the Arbitration and Conciliation Act, 1996, arising from a judgment of a learned Single Judge of the...

High Court

Bombay High Court Dismisses Petition to Terminate Arbitrator's Mandate for Alleged Undue Delay in Arbitration Proceedings. Section 14(2) of Arbitration and Conciliation Act, 1996 requires de jure inability to act, not mere delay, for termination of mandate.

2 Aug 2016

The petitioners, Ramavtar B. Jajodia and Santosh Ramavtar Jajodia, filed a petition under Section 14(2) of the Arbitration and Conciliation Act, 1996,...

High Court

Bombay High Court Dismisses Review Petition in Arbitration Appointment Case — No Error Apparent on Face of Record. Court holds that review cannot be used as an appeal and that the arbitrator's appointment under Section 11 of the Arbitration and Conciliation Act, 1996 is not subject to review on merits.

8 Jun 2016

The petitioners, Roptonal Ltd (formerly Indian Film Company (Cyprus) Ltd) and Viacom 18 Media Pvt. Ltd., filed a review petition in the Bombay High Co...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Service Tax Reimbursement Dispute. Contractual interpretation of service tax liability under security services contract upheld by arbitrator.

21 Aug 2015

The petitioner, Bombay Intelligence Security (India) Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challengin...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Sponsorship Dispute — Holds Arbitrator Exceeded Jurisdiction by Awarding Interest Without Agreement and Rejecting Counterclaim Without Proper Consideration. The court found that the arbitrator's award of interest at 18% per annum was contrary to the Deal Memo which provided for interest at 18% per annum only after 30 days of default, and that the rejection of the counterclaim for damages due to alleged breach of exclusivity was not supported by reasons.

17 Dec 2014

The petitioner, Rashmi Housing Private Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitr...

High Court

Bombay High Court Allows Recall of Interim Order in Arbitration Dispute Over Termination of Concession Agreement — Petitioner Granted Relief to Appoint Independent Arbitrator. The Court held that an ex parte interim order passed without hearing the Petitioner and in ignorance of bias objection to the named arbitrator must be recalled, and the matter remitted for fresh consideration under Section 9 and Section 11 of the Arbitration and Conciliation Act, 1996.

24 Sep 2012

The Petitioner, M/s. Nagpur Sical Gupta Road Terminal Limited, a joint venture company, entered into a Concession Agreement dated 20 April 2007 with t...

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