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High Court Considers Whether Arbitrator Has Jurisdiction to Pass Successive Awards and Whether Claims Are Barred by Res Judicata. Challenge to Awards Confirmed by Lower Court Raises Issues of Functus Officio and Splitting of Claims under Sections 34 and 37 of Arbitration and Conciliation Act, 1996.

The appeals arose from two arbitration awards passed by the sole arbitrator in disputes between Mysore Lamp Works Limited (appellant) and S.V. Enginee...

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Bombay High Court Allows Contractor's Appeal in Arbitration Act Case — Restoration of Majority Award on Escalation Clause Interpretation. Section 30 of the Arbitration Act, 1940 Not Attracted as Arbitral Interpretation of Contract Clause Was Plausible.

The appeal arose from an order of a learned Single Judge of the Bombay High Court setting aside a majority arbitral award under Section 30 of the Arbi...

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Bombay High Court Dismisses Stay Application in Arbitration Matter — Consent Order Not Stayed as No Prima Facie Case Made Out. Court held that a consent order passed under Section 9 of the Arbitration and Conciliation Act, 1996 cannot be stayed unless fraud or lack of jurisdiction is shown.

The petitioner, Tata Capital Financial Services Limited, a non-banking finance company, had sanctioned an invoice discounting facility of Rs. 20,00,00...

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Supreme Court Allows Cross-Appeals Against Remand Order in Arbitration Matter — Power of Appellate Court Under Section 37 of Arbitration Act Examined. The Court held that an appellate court under Section 37 cannot remand a Section 34 petition for fresh hearing but must decide the appeal on merits.

The dispute arose from a development agreement concerning a slum rehabilitation scheme in Mumbai. The appellant, Bombay Slum Redevelopment Corporation...

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High Court of Bombay Considers Challenge to Industrial Court's Order Quashing Punishment for Illegal Strike. Dispute Centers on Whether Industrial Court Could Interfere with Disciplinary Action and Draw Adverse Inference from Alleged Minutes of Meeting.

These are six writ petitions filed by the Divisional Controller of Maharashtra State Road Transport Corporation (MSRTC) challenging the common order d...

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Supreme Court Allows Appeal in Arbitration Case Due to Court Closure During Limitation Period — Condonation of Delay Granted. The period of court closure during winter vacation is excluded for computing limitation under Section 34(3) of the Arbitration and Conciliation Act, 1996.

The appellant, aggrieved by an arbitral award dated 24.08.2016, sought to challenge it under Section 34 of the Arbitration and Conciliation Act, 1996....