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Supreme Court Upholds Limitation of Liability Clause in Arbitration Case — Clause 49.5 Bars Damages for Employer Delay. Contractual prohibition on claiming damages for employer-caused delay held valid and enforceable under the Arbitration and Conciliation Act, 1996.

The dispute arose from a construction contract between M/s. C & C Constructions Ltd. (appellant) and IRCON International Ltd. (respondent) for buildin...

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COMMERCIAL ARBITRATION PETITION (L) NO.238 OF 2019

The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 was filed by Maharashtra State Electricity Distribution Company Li...

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Bombay High Court Dismisses Petitioner's Claim for Subsidy Reimbursement in Solar Mission Case Due to Disputed Questions of Fact. Writ Jurisdiction Under Article 226 of the Constitution of India Held Inappropriate for Adjudicating Contractual Subsidy Claims Requiring Evidence.

The petitioner, Jain Irrigation Systems Ltd., filed a writ petition under Article 226 of the Constitution of India seeking a direction to the responde...

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Bombay High Court Dismisses Appeal Against Setting Aside of Arbitral Award Due to Limitation and Abandonment. Claims raised after 12 years from contract termination held barred by limitation under Article 137 of Limitation Act, 1963 and deemed abandoned under contract terms.

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court setting aside an arbitral award dated 19 July 2007 that had grante...

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Bombay High Court Allows Section 11 Application for Appointment of Arbitrator in Media Agency Contract Dispute. Rejects Limitation Objection as Not Ex-Facie Time-Barred, Holding That Limitation Is a Mixed Question of Fact and Law to Be Decided by the Arbitrator.

The applicant, TLG India Pvt. Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a sole...

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High Court of Bombay Hears Section 34 Petition Challenging Arbitral Award in Railway Laundry Contract. Petition Questions Recovery Rate for Lost Linen, Delay Penalty, Penalty Cap, and Fixed Cost Compensation Under the Arbitration Act, 1996.

The Central Railway filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated 7 March 2024 ...

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Supreme Court Allows Appeal of SBI Consortium in Corporate Guarantee Dispute Under IBC. Corporate Guarantees Executed by Corporate Debtor Constitute Financial Debt Under Section 5(8) of IBC, 2016, and Are Enforceable Despite Timing and Stamping Objections.

The Supreme Court allowed the appeal filed by the Appellant Consortium against the order of the National Company Law Appellate Tribunal (NCLAT) which ...

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Upholding Autonomy Amidst Settlement Disputes Exploring Legal Principles and Precedents in Arbitration Law

This Judgment pertains to a legal discussion surrounding arbitration under the Arbitration and Conciliation Act, 1996, particularly focusing on the re...