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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.

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

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High Court of Karnataka Appoints Sole Arbitrator in Contract Dispute Between Proprietorship Firm and IIT Dharwad. Arbitration clause invoked under Section 11 of Arbitration and Conciliation Act, 1996 for disputes arising from contract dated 10.04.2018.

The petitioner, M/S. Suresh Goel & Associates, a proprietorship concern, filed a petition under Section 11(5)(6) and 12(b) of the Arbitration and Conc...

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Bombay High Court Allows Appointment of Sole Arbitrator in Commercial Arbitration Application Under Section 11(6) of Arbitration and Conciliation Act, 1996. Clause 32 of Work Order Held to Contain Valid Arbitration Agreement Despite Ambiguous Wording.

The applicant, M/s. Jay Bhagwati Construction Co., a partnership firm, filed an application under Section 11(6) of the Arbitration and Conciliation Ac...

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Bombay High Court Allows Section 11 Petition and Appoints Arbitrator Despite Stamp Duty Objection. Court holds that existence of arbitration agreement is a prima facie matter at Section 11 stage, and stamp duty is for arbitrator to decide.

The Petitioner, Coastal Marine Construction and Engineering Limited, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 s...

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High Court of Karnataka Allows Appointment of Independent Arbitrator in Railway Contract Dispute Under Section 11(6) of Arbitration and Conciliation Act, 1996. Unilateral Appointment of Arbitrator by Respondent Held Invalid; Former High Court Judge Appointed as Sole Arbitrator.

The petitioner, M/s. Eagle – MPCC (J.V.), a joint venture company, entered into a contract with the respondent, South Western Railway, on 08/03/2011...

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Bombay High Court Dismisses Petition Challenging Arbitral Award Under Section 34 of Arbitration & Conciliation Act, 1996 — No Objection Raised Before Arbitrator on Appointment or Disclosure, Interest Rate Upheld as Within Contractual Terms.

The petitioner, D.Virendra & Co. & Ors., filed a petition under Section 34 of the Arbitration & Conciliation Act, 1996 in the Bombay High Court challe...

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Bombay High Court Allows Appointment of Independent Arbitrator in Municipal Contract Dispute — Commissioner Disqualified Due to Justifiable Bias. Section 11(6) of Arbitration and Conciliation Act, 1996 invoked as named arbitrator was a party to the agreement.

The petitioner, Solutions Advertising, entered into an agreement with the Thane Municipal Corporation on 19 September 2008 to construct 298 bus shelte...

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Bombay High Court Allows Appointment of Arbitrator in Construction Dispute Due to Respondent's Failure to Appoint Arbitrator. Failure to Respond to Notice Invoking Arbitration Constitutes Refusal to Appoint Under Section 11(6) of Arbitration and Conciliation Act, 1996.

The petitioner, M/s. Khurana Constructions, entered into an agreement with the respondent, IOT Infrastructure and Energy Services Ltd., on 28 February...

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Bombay High Court Allows Arbitration Petitions in Loan Dispute — Appoints Sole Arbitrator for IIFL Finance Disputes. Court finds that disputes arising from loan agreements containing arbitration clauses are arbitrable and appoints a retired judge as sole arbitrator.

The judgment concerns three arbitration petitions filed by DS Textiles, Madhuram Fabrics Pvt Ltd, and P R Packing Service against IIFL Finance Limited...