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Search Results for "arbitration challenge"

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High Court

Bombay High Court Considers Maintainability of Section 34 Petition Against Foreign Award; Preliminary Objection Raised Pending Determination. Arbitration Agreement Existence and Enforcement of Foreign Award Under Part II Also Examined.

8 Apr 2015

The dispute arose from a voyage charter party dated 13 September 2008 between Aurelia Reederei Eugen Friederich GmbH Schiffahrtsgesellschaft & Company...

High Court

Bombay High Court Dismisses Challenge to Arbitral Award in Stock Broker Dispute — No Patent Illegality Found. Claimant's claim for refund of margin money and compensation for unauthorized trades upheld as arbitrator's findings of fact are final under Section 34 of Arbitration and Conciliation Act, 1996.

17 Dec 2014

The judgment concerns two arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a common arbitral award da...

Supreme Court

Supreme Court Allows Appeal Against High Court Order Appointing Substitute Arbitrator in Contract Dispute. Court Holds That High Court Erred in Terminating Mandate of Arbitrator Appointed by Consent and in Deviating from Arbitration Clause Without Justification.

22 Jan 2019

The appellant, Rajasthan Small Industries Corporation Limited, invited tenders for handling and road transportation of ISO containers and cargo. The r...

Supreme Court

Arbitration Law Explained: Supreme Court on Existence and Validity of Arbitration Agreement (2026 Judgment)

4 Feb 2026

he case involved a dispute between the parties regarding the applicability and validity of an arbitration clause contained in the agreement. The High ...

High Court

High Court of Bombay Considers Petition for Termination of Standing Arbitral Tribunal's Mandate in Railway Construction Contract Dispute. Petitioner Seeks Appointment of New Arbitral Tribunal Under Sections 11(6), 14(2), and 15(2) of the Arbitration and Conciliation Act, 1996, Alleging Lack of Independence of Serving Railway Officer Arbitrators.

12 Dec 2019

The petitioner, ITD Cementation India Ltd., a company engaged in construction and infrastructure, was awarded a contract by the respondent, Konkan Rai...

High Court

Bombay High Court Allows Appeals Under Section 37 of Arbitration Act, Restoring Arbitral Award in Shareholder Dispute. Court Holds That Single Judge Exceeded Jurisdiction Under Section 34 by Reappreciating Evidence and Substituting His Own View.

13 Mar 2013

The case involves two appeals under Section 37 of the Arbitration and Conciliation Act, 1996, filed by M/s. Goldstar Metal Solutions Pvt. Ltd. and M/s...

High Court

Bombay High Court Allows Appointment of Arbitrator in Railway Contract Dispute Despite Non-Compliance with Pre-Arbitration Notice Period. The court held that the respondent's failure to respond to the notice and its conduct constituted waiver of the 30-day notice requirement under Clause 64(3)(b)(ii) of the Indian Railways Standard General Conditions of Contract.

3 Apr 2024

The applicant, S. N. Naik & Brothers, a proprietary concern, entered into a contract with the Union of India (respondent) on 23.09.2019 for constructi...

High Court

Bombay High Court Upholds Arbitrator's Jurisdiction Over Counter-Claim in Partnership Dispute. Allegations of fraud in counter-claim do not render it non-arbitrable unless serious and complex, under Section 16 of Arbitration and Conciliation Act, 1996.

3 Apr 2014

The case involves two arbitration petitions filed by Rekha Agarwal and Sunil Agarwal challenging an order of a Sole Arbitrator under Section 16 of the...

High Court

Bombay High Court Adjudicates Challenge to Arbitral Award in Slum Redevelopment Agreement Dispute. Petitioner Seeks Setting Aside of Award Under Section 34 of Arbitration and Conciliation Act, 1996.

13 Sep 2019

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Supreme Court

Supreme Court Holds Unilateral Appointment of Arbitrators Violates Equality Principle Under Section 18 of Arbitration and Conciliation Act, 1996. Party Autonomy Cannot Override Mandatory Requirement of Independence and Impartiality, and Unilateral Appointment Clauses in Public-Private Contracts Are Unconscionable and Void.

13 Nov 2024

The Supreme Court of India, in a Constitution Bench judgment, addressed the validity of unilateral appointment of arbitrators under the Arbitration an...

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