Search Results for "arbitral award"

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Contractual Bar on Pendente Lite Interest: Strict Construction Required Under Arbitration Act, 1940. Supreme Court Upholds Arbitrator’s Power to Award Interest Unless Expressly Barred in Contract

Arbitration Act1940 Act: Arbitrator has inherent power to award pendente lite interest unless expressly barred by contract (Para 8, 10). Strict Co...

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Acquisition of Land by the State – Authority of the Beneficiary Board – Public Policy Violation – Arbitrability of Land Acquisition Disputes – Effect of Illegal Agreements – Fraud on Sovereign Power

Acquisition of land under the Land Acquisition Act, 1894, once completed with possession taken, results in absolute vesting in the Government, beyond ...

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Arbitration Award Upheld on Waste Collection Contract Dispute. High Court Upholds Arbitral Award on Price Escalation, Waste Segregation, and Jurisdiction in Municipal Waste Management Contract

Arbitration Jurisdiction – The High Court held that the arbitration clause in the original contract covered the Ghansoli Area, which was later merg...

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Arbitration Award Set Aside – Fresh Arbitration Permissible. Supreme Court’s Observations on Merits Do Not Bar Fresh Arbitration – Section 11 Application Allowed

Arbitration Award Set Aside – The Arbitral Award was set aside by the Division Bench of the Bombay High Court under Section 37 of the Arbitration a...

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High Court of Bombay Dismisses Interim Application, Holds Limitation and Due Diligence as Key Issues in Share Recovery Suit. Summary Judgment Denied in Share Dispute Due to Limitation and Need for Oral Evidence

Summary Judgment under Order XIII-A of the CPC: The Court held that a summary judgment can only be granted if the Defendant has no real prospect of d...

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High Court of Bombay Quashes District Court Judgment, Restores Arbitration Challenge for Fresh Consideration on Grounds of Patent Illegality and Failure to Address Key Contentions. Arbitration Award Set Aside for Reconsideration Under Section 34 of the Arbitration and Conciliation Act, 1996

Scope of Section 34: The Court held that while the scope of interference under Section 34 is limited, the District Judge must consider specific chal...

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Retrospective Effect of Unconstitutional Provisions – Arbitral Tribunal Directed to Reconsider Solatium – Judicial Discretion Under Section 34(4) of Arbitration and Conciliation Act, 1996 Upheld

National Highways Act, 1956 – Section 3(J) Declared Unconstitutional – Arbitral Award Remitted for Solatium Consideration – Writ Petition Dismis...

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Bombay High Court — Arbitration Award Upheld. Challenge Under Section 34 of the Arbitration and Conciliation Act, 1996 — Court Dismissed Petition — Upheld Arbitral Award Citing Commercial Common Sense and Non-Comparability of Data Points

The Bombay High Court upheld the arbitral award, dismissing the petition filed by the Union of India. The Court found the Arbitral Tribunal’s interp...

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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...