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High Court of Bombay Dismisses Appeal Against Remission of Arbitral Award for De Novo Consideration Due to Jurisdictional Error. Arbitrator Exceeded Jurisdiction by Entertaining Claims Not Raised Before Chief Engineer and Commissioner Under Contractual Pre-Arbitration Procedure.

The appellant, Biwater Penstocks Ltd., a UK-based company, entered into a contract with the Municipal Corporation of Greater Bombay (first respondent)...

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Supreme Court Dismisses Curative Petition in Arbitration Dispute Over Termination of Concession Agreement — Upholds Arbitral Award Restored by Earlier Judgment. Court Holds That Curative Jurisdiction Under Article 142 Is Not Available to Re-Argue Merits Where No Miscarriage of Justice Is Shown.

The Supreme Court dismissed a curative petition filed by Delhi Metro Rail Corporation (DMRC) against its earlier judgment in Delhi Airport Metro Expre...

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High Court Dismisses Municipal Corporation's Challenge to Arbitral Award Setting Aside Penalties, Termination, and Blacklisting in Sewerage Treatment Plant Contract Dispute

The High Court of Bombay heard cross-petitions challenging an arbitral award dated 18 June 2020 in a dispute between Solapur Municipal Corporation and...

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Supreme Court Allows Appeal in NHAI Contract Dispute — BOQ Rate Applies to Increased Quantity Without Design Change. Variation Clause 52.2 Not Attracted Where Quantity Increase Due to Employer's Erroneous Estimate, Not Engineer's Instruction or Design Change.

The dispute arose out of a contract awarded by the National Highways Authority of India (NHAI) to Somdatt Builders-NCC-NEC(JV) for four-laning of a hi...

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Bombay High Court Considers Section 9 Petition in Post-Foreign Award Enforcement Against Guarantor Deleted from Proceedings. Court Examines Applicability of Group of Companies Doctrine to Bind Non-Signatory for Interim Relief.

The petition was filed under Section 9 of the Arbitration and Conciliation Act, 1996 by Ningbo Aux Imp & Exp Co. Ltd., a Chinese company, seeking inte...

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Bombay High Court Reserves Judgment in Section 34 Petition Challenging Arbitral Award Alleging Res Judicata and Patent Illegality; Decision on Coercion and Interest Awaited.

The petition challenged an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. The petitioner, a multi-state co-operative b...