Search Results for "Arbitration Act"

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Arbitration – Liquidated Damages – Scope of Judicial Review under the Arbitration Act, 1940 – Interpretation of Contractual Terms – Performance Guarantees – Section 74 of the Indian Contract Act, 1872 – High Court’s Power to Set Aside Arbitral Awards.

The Supreme Court dismissed the appeal, upholding the High Court’s finding that the claim of ₹68.15 lakhs was speculative and beyond the contract...

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Arbitration Clause Enforcement in Construction Dispute – Supreme Court Affirms Bar on Compensation Claims. Validity of Contractual Limitation on Damages – Clause 49.5 Enforced – No Deviation from Agreed Terms Allowed

Contractual Terms and Damages – Clause 49.5 of the General Conditions of Contract (GCC) barred claims for damages due to employer delays. The Arbitr...

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"High Court of Bombay: Commercial Arbitration Appeal" "Exploring the scope of judicial review under Section 34 and 37 of the Arbitration and Conciliation Act, 1996, addressing readiness, willingness, and compensation issues in a shareholder dispute."

Arbitration Scope: The Court clarified the restrictive jurisdiction under Section 34 and 37 of the Arbitration and Conciliation Act, emphasizing minim...

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Commercial Arbitration Dispute over Development Project Rights. A Dispute on Termination of Development Agreement Leads to Contentious Arbitration and Interim Relief Orders.

In the case under Section 37 of the Arbitration and Conciliation Act, 1996, the Bombay High Court addressed a challenge to an interim relief order pa...

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Post-Award Interest in Arbitration: Supreme Court Clarifies Computation. Determining if post-award interest applies to principal only or includes pre-award interest.

This case revolves around the North Delhi Municipal Corporation v. M/S S.A. Builders Ltd., in which the key issue pertains to post-award interest unde...

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Supreme Court Quashes Arbitrator Appointment: Non-Arbitrable Disputes Governed by Statutory Jurisdiction. Disputes under the Payment of Wages Act and Industrial Disputes Act held non-arbitrable; High Court order reversed with costs imposed on the respondent.

The Supreme Court disallowed the appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, holding that disputes...

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Reaffirming Arbitral Awards: Indian High Court Upholds International Arbitration Award.

The Bombay High Court enforced an arbitral award passed by the International Court of Arbitration, London, affirming the legality of an assignment of ...

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"Arbitral Mandate Extension Post-Expiry: Supreme Court Clarifies Section 29A of Arbitration Act" Pandemic and mutual consent deemed sufficient cause for mandate extension.

Application under Section 29A(4) of the Arbitration and Conciliation Act, 1996, for extending the mandate of an arbitral tribunal, can be entertained ...

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"Bombay High Court Clears Path for Arbitration: Partnership or Private Limited?" "Justice through Review: Correcting Factual Errors to Uphold Fair Arbitration Practices."

Background of Dispute Original application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint an arbitrator. Appli...

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Arbitration Clause Rendered Ineffective After Sale Deed Execution, Rules Bombay High Court “Mere historical reference to an Agreement doesn’t sustain arbitration rights if the contract has ceased to exist.”

The case revolves around whether disputes arising out of a Memorandum of Understanding (MoU) and related documents, which lacked a specific arbitratio...