Search Results for "arbitrators jurisdiction"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "arbitrators jurisdiction"

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Supreme Court

Supreme Court Allows Appeal on Arbitrator Fees: NHAI's Revised Fee Schedule Prevails Over Fourth Schedule of Arbitration Act. The court held that arbitrator fees fixed by agreement are binding and that the Fourth Schedule does not override such agreement, but the fee schedule is subject to revision by subsequent policy circulars.

10 Jul 2019

The Supreme Court dealt with two appeals concerning arbitrator fees in contracts with the National Highways Authority of India (NHAI). In Civil Appeal...

High Court

Bombay High Court Allows Termination of Arbitrator's Mandate for Lack of Section 21 Notice and De Jure Ineligibility Under Section 12 of Arbitration Act. The court held that a valid Section 21 notice is mandatory for commencement of arbitration and that an arbitrator must disclose circumstances affecting independence, failing which the mandate can be terminated.

9 Jan 2023

The applicants, Sanjeev Kumar Kailash Prasad Agarwalla and Maya Sanjeev Kumar Agarwalla, filed two applications under Section 11(5) read with Sections...

Supreme Court

Supreme Court Dismisses Section 11 Petition for Appointment of Arbitrator in Favor of ICC Arbitration Under Umbrella Agreement. Disputes arising from multiple purchase orders and a pricing agreement are governed by the arbitration clause in the umbrella agreement, not individual purchase orders.

16 Sep 2020

The case involves a dispute between Balasore Alloys Limited (petitioner/applicant) and Medima LLC (respondent) arising from a business transaction for...

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...

High Court

High Court Appoints Arbitrator in Contract Dispute Between Power Solutions Company and Electricity Supply Company. Petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 allowed due to failure of respondent to appoint arbitrator as per clause 4.1 of contract agreement dated 28.03.2018.

21 Apr 2022

The petitioner, M/s Nsure Reliable Power Solutions Pvt Ltd, a private limited company engaged in infrastructure business, participated in a tender flo...

Supreme Court

Supreme Court Holds High Court Has Exclusive Jurisdiction Under Section 29A(4) of Arbitration Act for Extension of Time. The term 'Court' in Section 29A(4) is interpreted to mean the High Court, not the Civil Court, to ensure uniformity and avoid multiplicity of proceedings.

1 Jan 2026

The case arose from a dispute between Jagdeep Chowgule (appellant) and Sheela Chowgule & Ors. (respondents) concerning the jurisdiction to entertain a...

Supreme Court

Supreme Court Considers Scope of Section 45 of Arbitration and Conciliation Act in International Commercial Disputes. Multiple Issues Framed on Reference to Arbitration in Multi-Party Joint Venture Agreements.

1 Aug 2026

The dispute arose from a series of joint venture and ancillary agreements executed between Indian company Chloro Controls (I) P. Ltd. and foreign coll...

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...

Supreme Court

Supreme Court Sets Aside Ex-Parte Arbitral Awards for Lack of Valid Arbitration Agreement in Service Dispute. Fraudulent Claims Based on Non-Existent Agreement Cannot Be Enforced; Awards Declared Null and Void.

17 Jan 2025

The case involves an appeal by the State of Uttar Pradesh against an order of the Allahabad High Court dismissing their intra-court appeal against the...

High Court

Bombay High Court Allows Referral to Arbitration in Shipping Agency Dispute — Agency Agreement Arbitration Clause Enforceable Under Section 45 of Arbitration and Conciliation Act, 1996. Court holds that disputes regarding termination and novation of agency agreement are covered by arbitration clause and must be referred to arbitration in Tokyo.

28 Jan 2014

The judgment concerns two interconnected proceedings: Arbitration Petition No. 446 of 2003 filed by Mitsui OSK Lines Ltd. (petitioner) under Section 4...

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