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Search Results for "arbitrator bias"

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High Court

High Court of Judicature at Bombay Appoints Sole Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 in a Commercial Contract Dispute. Appointment Made after Respondent Failed to Prove Valid Appointment of Arbitrator Despite Alleged Forfeiture of Right.

19 Nov 2010

The dispute arose from an agreement dated 8 January 2003 between Voltas Limited (applicant) and Rolta India Limited (respondent) for the supply, erect...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Stock Exchange Dispute — No Grounds for Interference Under Section 34 of Arbitration and Conciliation Act, 1996. The court held that the arbitral award was not in conflict with public policy and did not suffer from patent illegality, as the tribunal's findings were based on evidence and were plausible.

30 Nov -0001

The petitioner, MPDA Associates Pvt. Ltd., a company incorporated under the Companies Act, 1956, filed a petition under Section 34 of the Arbitration ...

Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Case — Issue of Accord and Satisfaction to be Decided by Arbitrator Under Section 11(6A) of Arbitration Act, 1996. The Court held that the High Court erred in refusing appointment on ground of full and final settlement, as the limited jurisdiction under Section 11(6A) only permits examination of existence of arbitration agreement.

5 May 2023

The appellant, M/s. Shree Vishnu Constructions, entered into an agreement with the respondents (Military Engineering Service) on 22.07.2010 for constr...

High Court

High Court of Karnataka Disposes Four Civil Miscellaneous Petitions Filed Under Sections 11(6) and 12 of the Arbitration and Conciliation Act, 1996 Seeking Appointment of Substitute Arbitrator. Petitioners Contended That Arbitrators Appointed by CPWD Were Ineligible Under Section 12(5) for Want of Mandatory Consent.

19 Sep 2019

The petitioners, M/s. Sri Krishna Shelters Pvt. Ltd., were awarded six construction contracts by the Central Public Works Department (CPWD) for works ...

High Court

High Court of Bombay Dismisses Arbitration Petition in Interest on Security Deposit Dispute. Contractual Bar on Interest and Non-Applicability of Section 31(7)(a) Arbitration Act Renders Claim Unsustainable; Arbitrator’s Finding on Evidence Upheld.

11 Aug 2014

The dispute arose from an agreement dated 30 December 1996 between the petitioner, M/s. Mascon Multiservices & Consultants Pvt. Ltd., and the responde...

High Court

Bombay High Court Allows Section 14 Petitions to Terminate Arbitrator Mandate Due to Deemed Waiver of Right to Object. Arbitrator appointed by Co-operative Bank under MSCS Act failed to disclose interest and continued proceedings despite jurisdictional challenge, leading to termination of mandate.

9 Jan 2023

The petitioners, Kalpesh Shantikumar Mehta and others, along with KSM Multitrade LLP and others, filed two petitions under Section 14 of the Arbitrati...

Supreme Court

Supreme Court Dismisses Appeal by Central Organisation for Railway Electrification Against Appointment of Independent Arbitrator in Contract Dispute. Statutory Ineligibility Under Section 12(5) of Arbitration Act Prevents Serving and Retired Railway Officers from Acting as Arbitrators Despite Contractual Clause.

17 Dec 2019

The appellant, Central Organisation for Railway Electrification, awarded a work contract to the respondent, a joint venture company, on 20.09.2010. Th...

Supreme Court

Supreme Court Upholds 10% Deposit Condition in Arbitration Clause as Valid in Commercial Contracts. Clause requiring deposit-at-call of 10% of claim amount before invoking arbitration is not arbitrary or discriminatory under Article 14.

11 Mar 2019

The case arose from a tender issued in 2008 by the Punjab State Water Supply & Sewerage Board for water supply and sewerage projects. The appellant, M...

Supreme Court

Supreme Court Allows Appointment of Arbitrator in Dispute Over Encashment of Performance Bank Guarantee After Full Contractual Performance. Arbitration Clause Covers Dispute Despite Completion of Contract and Payment.

19 May 2023

The petitioner, M/S Glock Asia-Pacific Ltd., filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointme...

High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Banking Dispute — Upholds Liability of Company but Sets Aside Award Against Directors for Lack of Evidence. The court held that directors cannot be held personally liable for company debt without personal guarantee or specific evidence under Section 34 of the Arbitration and Conciliation Act, 1996.

17 Mar 2011

The present petition was filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging the arbitral award dated 31st March, 2006 p...

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