Search Results for "arbitrator power"

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Search Results for "arbitrator power"

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Supreme Court

Supreme Court Sets Aside Arbitral Award for Unexplained Delay and Unworkability - Restores Parties to Original Positions Under Article 142. Unexplained delay of over three years in pronouncing award and failure to finally settle disputes renders award contrary to public policy under Section 34 of Arbitration and Conciliation Act, 1996.

1 Jan 2025

The Supreme Court of India considered two civil appeals arising from an arbitral award that was reserved on 28.07.2012 but pronounced only on 16.03.20...

High Court

Bombay High Court Partly Sets Aside Arbitral Award in Development Agreement Dispute Between Cooperative Housing Society and Developer. Court Upholds Award on Termination of Agreement and Refund of Deposit but Sets Aside Directions for Possession and Appointment of Receiver.

7 Jan 2020

The judgment arises from two arbitration petitions and a notice of motion filed under Section 34 of the Arbitration and Conciliation Act, 1996, challe...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that where parties have agreed on a procedure for appointment of arbitrator, the court must respect it unless bias or failure is shown.

29 Mar 2019

The Supreme Court heard a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6) of t...

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 Allows Arbitration Petition Under Section 34 of Arbitration and Conciliation Act, 1996, Setting Aside Arbitral Award for Patent Illegality and Violation of Natural Justice. Award declared firm dissolved on a date not claimed by any party and failed to consider crucial evidence regarding partnership property.

5 Jun 2017

The Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenges an arbitral award dated 1st August 2006. The petiti...

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 Allows Appointment of Arbitrator in Contract Dispute Between Contractor and Oil Corporation. Arbitration Clause in Original Purchase Order Held Applicable to Subsequent Change Orders, and Court Appoints Retired Judge as Sole Arbitrator Under Section 11(6) of Arbitration and Conciliation Act, 1996.

20 Jun 2014

The applicant, BTP Structural (I) Pvt. Ltd., filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointmen...

High Court

Bombay High Court Upholds Setting Aside of Arbitral Award for Being Beyond Stipulated Time — Arbitration Clause Mandates Award Within Four Months of Entering Reference, Failure Renders Award Void.

2 May 2012

The appeal arose from an order of a learned single Judge of the Bombay High Court setting aside an arbitral award dated 17th August 2006 on the ground...

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