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Supreme Court Allows Appeal in Arbitration Appointment Case — High Court Exceeded Section 11 Scope by Excluding Claims as Non-Arbitrable. Court Holds That Referral Court Must Only Examine Existence of Arbitration Agreement, Not Arbitrability of Claims.

The appeal arose from a judgment of the High Court of Delhi dated 06.09.2023, which, while appointing an arbitral tribunal under Section 11 of the Arb...

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Supreme Court Allows Appeal in Arbitration Dispute: MP Act, 1983 Not Applicable Where Arbitration Clause Exists. Jurisdictional Objection Cannot Be Raised for First Time Under Section 34 of Arbitration and Conciliation Act, 1996.

The appeal arises from a judgment of the Madhya Pradesh High Court affirming the setting aside of an arbitral award under Section 34 of the Arbitratio...

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Supreme Court Holds Dispute Resolution Clause in Municipal Concession Agreements Constitutes Mediation, Not Arbitration. Article 20 of Concession Agreements Prescribes Mediation by Commissioner, Lacking Essential Elements of Arbitration Clause.

The Supreme Court of India heard three civil appeals arising from separate proceedings before the Delhi High Court, all concerning the interpretation ...

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"Bombay HC Upholds Arbitral Award in Wage Dispute Over Foreclosed Railway Contract" "Conscious Waiver under Section 12(5) Bars Procedural Challenges, Rules High Court."

The case involves Parties, challenging an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, on grounds of alleged bias an...

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"Supreme Court's Landmark Judgment on Arbitrator Appointment in Public-Private Contracts" "Balancing Party Autonomy and Equality in Arbitration Proceedings"

The Supreme Court examined the validity of certain arbitration appointment procedures under the Arbitration and Conciliation Act, 1996. The judgment a...

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Appointment of Sole Arbitrator in Cryobank USA’s Rights Transfer Dispute. Delhi High Court directs the appointment of an arbitrator to resolve the dispute over rights transfer under the Arbitration and Conciliation Act, 1996.

Acts and Sections Discussed Arbitration and Conciliation Act, 1996 Section 11(6) and Section 11(12) - Jurisdiction for appointing an arbitrato...

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Appointment of Arbitrator Amidst Time-Bar Concerns in Shareholder Dispute. Supreme Court emphasizes the limited scope of judicial interference in arbitration petitions, reserving detailed merits and limitation questions for the arbitral tribunal.

1. Background of the Dispute The petitioner, Aslam Ismail Khan Deshmukh, is a Non-Resident Indian based in Dubai with expertise in the drilling flu...

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Non-Signatory’s Obligation in Family Arrangement Arbitration. A Ruling on the inclusion of non-signatories in arbitration proceedings concerning complex family business arrangements.

Deals with the appointment of a sole arbitrator under Sections 11(6) and 11(9) of the Arbitration and Conciliation Act, 1996. The petitioners sought a...

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Bombay High Court Reaffirms Sole Arbitrator Appointment Despite Objections. Court rejects review petition questioning the appointment of a sole arbitrator, emphasizing party autonomy and procedural fairness.

The Bombay High Court dealt with a review petition challenging the appointment of a sole arbitrator under the Arbitration and Conciliation Act, 1996. ...