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Search Results for "arbitrators jurisdiction"

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Supreme Court

Supreme Court Allows Appeals in Arbitration Reference Dispute Over Lease Rent Sharing. Dispute Between Society and Members Arising from Development Agreements Falls Within Arbitration Clause 19 of Addendum.

6 Sep 2019

The case involves a dispute between M/s Avinash Hitech City 2 Society and its members (appellants) and Boddu Manikya Malini and another (respondents) ...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Share Trading Dispute — Upholds Arbitrators' Findings on Contract Notes and Liability. Court holds that failure to object to contract notes within reasonable time amounts to acceptance under NSE Bye-Laws and that arbitral tribunal's findings on facts and law are not open to challenge under Section 34 of the Arbitration and Conciliation Act, 1996.

18 Jan 2014

The petitioner, Harinarayan Bajaj, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award date...

High Court

Bombay High Court Dismisses Borrower's Challenge to Arbitral Award in Loan Recall Dispute — Interest Rate Reduction and Pre-reference Interest Upheld. Court confirms that arbitrator can reduce contractual interest rate under Section 34 of Arbitration and Conciliation Act, 1996 and award pre-reference interest under Section 31(7)(a) of the Act.

4 Mar 2015

The judgment arises out of eight arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a common arbi...

High Court

Bombay High Court Restrains Facilitation Council from Proceeding Under Section 18(3) of MSMED Act Due to Existing Arbitration Agreement. Independent Arbitration Agreement Dated 23.09.2005 Precludes Council's Arbitration Jurisdiction Under Section 18(3) of Micro, Small and Medium Enterprises Development Act, 2006.

14 Dec 2016

The petitioners, Namco Industries Private Limited and its director Namit Soni, filed a writ petition challenging the proceedings initiated by the Micr...

High Court

High Court Allows Petition Under Section 11(6) of Arbitration and Conciliation Act, 1996 for Appointment of Sole Arbitrator in Railway Contract Dispute. Court Appoints Retired Judge as Arbitrator After Respondents Failed to Appoint Arbitrator Despite Invocation of Arbitration Clause.

2 Jan 2019

The petitioner, M/s Shri. Narasimhaswami Constructions, a partnership firm, entered into a contract agreement with the respondents, the South Western ...

High Court

High Court Appoints Sole Arbitrator in Railway Contract Dispute Under Section 11 of Arbitration Act — Petitioner's Request Granted as Disputes Fall Within Arbitration Clause. The court held that the existence of an arbitration clause in the contract agreement dated 12.02.2010 and the failure of the respondents to appoint an arbitrator justified the appointment of a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.

2 Jan 2019

The petitioner, M/s Shri. Narasimhaswami Constructions, a partnership firm, filed a Civil Miscellaneous Petition under Section 11(6) of the Arbitratio...

High Court

Bombay High Court Adjudicates Suit for Recovery of Damages Arising from Arbitration Award; Collaboration Agreement Obligations Disputed Between Corporation and Firm. Key Issue: Whether Defendants Liable for Breach of Export Contract Stemming from December 1968 Collaboration Agreement.

4 Apr 2006

The Maharashtra Small Scale Industries Development Corporation Ltd., a government-owned company, entered into a collaboration agreement in December 19...

High Court

High Court of Judicature at Bombay Holds Writ Petition Not Maintainable Against Arbitrator's Order on Jurisdiction Under Section 16 and Order Appointing Arbitrator Under Section 11; Alternative Remedies U/S 34 and Article 136 Must Be Availed. The court found that an order under Section 11 is challengeable only before the Supreme Court under Article 136, and a Section 16 order can be contested after the award under Section 34, thus barring writ jurisdiction.

17 Oct 2023

This writ petition arose from a contractual dispute between Hindustan Petroleum Corporation Limited (HPCL), a government enterprise, and a joint ventu...

Supreme Court

Supreme Court Reverses High Court Order Permitting Evidence in Arbitration Challenge. The Court held that the 2019 amendment to Section 34(2)(a) of the Arbitration & Conciliation Act, 1996 is clarificatory and limits evidence to the arbitral record, disallowing additional evidence in Section 34 proceedings except in exceptional circumstances.

19 Jan 2023

The dispute arose from an arbitral award dated 12.03.1998, which was challenged by the respondents through an application under Section 34 of the Arbi...

Supreme Court

Supreme Court Dismisses State's Appeal in Arbitration Dispute Over Illegal Termination of Consultancy Contract. Termination of contract without following due procedure under General Conditions of Contract held illegal; concurrent findings of fact not interfered with under Sections 34 and 37 of Arbitration and Conciliation Act, 1996.

18 Oct 2019

The State of Jharkhand and its officers (petitioners) entered into a consultancy agreement with M/s HSS Integrated SDN and another (respondents) on 28...

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