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Bombay High Court Dismisses Review Petition in Arbitration Appointment Case — Party Cannot Take Inconsistent Stances. Original Respondent's written commitment to a court-appointed sole arbitrator binds it, and its subsequent objection to the appointment is inequitable conduct.

The Original Respondent (Global Zone Sanitory Infrastructure Pvt. Ltd.) filed a Review Petition against an order dated June 20, 2024, appointing a sol...

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Bombay High Court Allows Section 11(6) Application and Appoints Sole Arbitrator in Property Sale Dispute. Arbitration clauses in MOU and Agreement for Sale held prima facie valid, and dispute referred to arbitration despite respondent's objection regarding non-signing of agreement.

The applicant, Bhupinder Singh Balwant Singh, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointm...

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Supreme Court Enforces Foreign Award in Two-Tier Arbitration — Holds ICC Award Enforceable Despite Prior Indian Award. Two-Tier Arbitration Clause Valid Under Indian Law; Natural Justice Opportunity Afforded to Respondent.

The dispute arose from a contract between Centrotrade Minerals and Metals Inc., a US corporation, and Hindustan Copper Ltd. (HCL) for the sale of copp...

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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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Bombay High Court Allows Arbitration Petitions, Upholds Arbitrator's Jurisdiction Over Counter-Claim in Partnership Dispute. Arbitration Clause Survives Dissolution of Firm Under Section 16 of Arbitration and Conciliation Act, 1996.

The case involves two arbitration petitions challenging an order of a Sole Arbitrator under Section 16 of the Arbitration and Conciliation Act, 1996, ...

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Bombay High Court Upholds Arbitrator's Jurisdiction Over Counter-Claim in Partnership Dispute. Allegations of fraud in counter-claim do not render it non-arbitrable unless serious and complex, under Section 16 of Arbitration and Conciliation Act, 1996.

The case involves two arbitration petitions filed by Rekha Agarwal and Sunil Agarwal challenging an order of a Sole Arbitrator under Section 16 of the...

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Bombay High Court Dismisses Arbitration Petition Challenging Arbitral Award in Railway Contract Dispute. Court upholds arbitrator's rejection of claim for extension of lease, finding no error of law or jurisdiction under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Prajapati Gunvant Keshavlal, was engaged in loading and unloading goods from railway wagons. On 11th June 2009, the respondent, Union ...

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Bombay High Court Dismisses Appeal by Municipal Corporation in Arbitration Dispute — 1996 Act Applies to Proceedings Commenced After Its Enforcement. Failure to Appoint Arbitrator Within 30 Days Under Section 10 of Arbitration and Conciliation Act, 1996 Results in Default Appointment of Sole Arbitrator.

The case involves an appeal by the Municipal Corporation of the City of Pune against a judgment of the 3rd Extra Joint District Judge, Pune, in Misc. ...