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Search Results for "arbitrator discretion"

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Supreme Court

Supreme Court Allows IRCTC's Appeals in Catering Contract Dispute, Restricts Interference Under Sections 34 and 37 of Arbitration Act. Court holds that High Court erred in re-appreciating evidence and substituting its own view over arbitrator's findings on tariff revision.

7 Nov 2025

The Supreme Court allowed the appeals filed by Indian Railways Catering and Tourism Corporation Ltd. (IRCTC) and other parties, setting aside the Delh...

Supreme Court

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

18 Jul 2024

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

Supreme Court

Supreme Court Dismisses Appeal Against High Court's Finding of Waiver of Right to Object to Time Extension in Arbitration Proceedings. Held that Participation in Proceedings Without Insisting on Time Limit Constitutes Waiver of Right to Object to Extension of Time.

27 Aug 2019

The appeal arises from a dispute between partners of a partnership firm (appellants) and a company (respondent) regarding an arbitration agreement dat...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Loan Recovery Dispute — Upholds Award of Rs. 3.01 Crore with 18% Interest. Court holds that the Arbitrator's findings on liability and interest rate are not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

4 Mar 2019

This judgment arises from a petition under Section 34 of the Arbitration and Conciliation Act, 1996, filed by Meenu Arora, Raj Kumar Arora, Ethics Exp...

High Court

Bombay High Court Allows Section 11 Application to Appoint Arbitrator in BPCL Contract Dispute — Unilateral Appointment Clause Invalid Under Section 12(5) of Arbitration Act. The court held that an arbitration clause giving one party the sole right to appoint an arbitrator is invalid under Section 12(5) read with the Seventh Schedule of the Arbitration and Conciliation Act, 1996, and appointed an independent arbitrator.

26 May 2017

The applicant, DBM Geotechnics & Constructions Pvt Ltd (DBM), filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, see...

High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Franchise Dispute — Upholds Award on Refund of Security Deposit and Interest but Sets Aside Award on Loss of Profit and Other Claims. Court holds that arbitrator's findings on breach of contract and damages were perverse and contrary to terms of franchise agreement.

14 Jul 2015

The petitioner, Kuoni Travels (India) Pvt. Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbit...

High Court

Bombay High Court Partially Upholds Arbitral Award in BOT Contract Dispute — Reduces Interest Rate from 18% to 12%. Court holds that arbitrator's findings on breach and damages are not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

8 Apr 2015

The petitioner, Agarsons Container Terminals, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral...

High Court

Bombay High Court Dismisses Arbitration Petition Challenging Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996 — Upholds Rejection of Specific Performance and Damages in Development Agreement Dispute. Court Holds That Arbitrator's Findings on Non-Compliance with Conditions Precedent and Lack of Proof of Damages Are Not Patently Illegal.

9 Jan 2015

The petitioner, Om Shiv Constructions, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral award d...

High Court

Bombay High Court Terminates Arbitrator Mandate Due to Expiry of Time Limit Under Arbitration Clause — Failure to Complete Arbitration Within Stipulated Period Results in Termination of Arbitrator's Authority. The court held that the mandate of the arbitrator stood terminated under Section 14(2) of the Arbitration and Conciliation Act, 1996, as the arbitration was not completed within the time limit prescribed in clause 21 of the agreement.

1 Mar 2012

The petitioner, Teltech Instrumentation Pvt. Ltd., filed an arbitration petition under Section 14(2) of the Arbitration and Conciliation Act, 1996, se...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Charter Party Demurrage Dispute — Upholds Arbitrator's Interpretation of Laytime and Demurrage Clauses. Court holds that Section 34 of Arbitration and Conciliation Act, 1996 does not permit reappreciation of evidence or correction of errors of law unless award is patently illegal or perverse.

15 Jul 2011

The petitioners, M/s. Puyvast Chartering B.V. (owner) and M/s. Puyvast Maritime India Ltd. (agent), challenged an arbitral award dated 28 February 200...

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