Search Results for "Arbitration Act, 1940"

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Bombay High Court Allows Arbitration Petition Under Section 45 of Arbitration and Conciliation Act, 1996 — Refers Dispute to Arbitration. Holds That Arbitration Agreement Is Valid and Not Null and Void, Inoperative, or Incapable of Being Performed.

The petitioner, Bottero S.p.A., filed an arbitration petition under Section 45 of the Arbitration and Conciliation Act, 1996, seeking to refer the dis...

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Supreme Court Allows Appeals in Arbitration Appointment Dispute — Pre-Amendment Act Applies; No Claim Certificate Does Not Bar Arbitration; Mutually Agreed Procedure Must Be Respected

The Supreme Court heard a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6) of t...

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Supreme Court Allows Civil Appeal in Arbitration Dispute, Restoring Arbitral Award Modified by Lower Courts. Judicial Interference Under Section 34 of Arbitration and Conciliation Act, 1996 is Limited, and Courts Cannot Re-appreciate Evidence or Modify Awards on Merits.

The dispute arose from a construction contract between a civil engineering contractor and the Karnataka State Public Works Department for building off...

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Bombay High Court Allows Appointment of Arbitrator in Partnership Dispute Despite Objections to Earlier Appointee. Court Holds That Arbitration Clause Survives Dissolution and Section 11(6) of Arbitration and Conciliation Act, 1996 Empowers Court to Appoint Arbitrator When Parties Fail to Agree.

The applicants, partners of a dissolved partnership firm, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeki...

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High Court of Bombay Considers Challenge to Arbitral Award in Construction Subcontract Dispute. Petition filed by main contractor against subcontractor's award under Section 34 of Arbitration and Conciliation Act, 1996.

Patel Engineering Co. Ltd (PEC) challenged an arbitral award dated 25 January 2010 under Section 34 of the Arbitration and Conciliation Act, 1996 in t...

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High Court of Bombay Allows Arbitration Application for Appointment of Arbitrator in Transport Contract Dispute — State's Failure to Appoint Arbitrator Within 30 Days Triggers Court's Power Under Section 11(6) of Arbitration and Conciliation Act, 1996.

The applicant, Prakash Askram Jain, entered into a transport agreement with the Governor of Maharashtra on 30/03/2001 for transporting food grains and...

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High Court of Bombay at Goa Dismisses Appeal Against Arbitral Award in Construction Contract Dispute. Court holds that arbitrators are not bound to give reasons for each item of claim and that the award is not liable to be set aside for non-speaking nature under the Arbitration Act, 1940.

The appellant, Board of Trustees of Port of Mormugao, a body corporate under the Major Port Trusts Act, 1963, entered into a contract dated 12/10/1985...

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Bombay High Court Allows Arbitration Application Under Section 11 of Arbitration Act, Condoning 258-Day Delay. Court Appoints Sole Arbitrator to Adjudicate Partnership Disputes Arising from Deed of Alteration of Partnership Dated 10 April 2013.

The applicant, Infra Poonam Developers LLP, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an ...