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Bombay High Court Allows Appointment of Arbitrator Despite Prior Award Being Set Aside — Arbitration Clause Survives. The court held that the setting aside of an award does not render the arbitration clause inoperative under Section 11 of the Arbitration and Conciliation Act, 1996.

The applicant, M/s. Associated Constructions, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment...

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Bombay High Court Dismisses Arbitration Petition Challenging Arbitrator Appointment Under Section 12(5) of Arbitration Act — Petition Held Not Maintainable as Remedy Lies Before Arbitral Tribunal Under Section 13.

The petitioner, Gwaldas Mundra, filed an Arbitration Petition (L) No.863 of 2016 in the Bombay High Court under Section 12(5) read with Section 14 of ...

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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.

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...

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Bombay High Court Dismisses Petition Challenging DRAT Order Setting Aside DRT's Reference to Arbitration in Bank Recovery Suit. Arbitration Clause Does Not Oust Jurisdiction of DRT Under Section 19 of Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

The petitioner, Harvestdeal Securities Ltd., challenged an order of the Debt Recovery Appellate Tribunal (DRAT) dated 19 February 2015, which set asid...

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Bombay High Court Allows Appointment of Arbitrator in Arbitration Petition Under Section 11(6) of Arbitration & Conciliation Act, 1996 — Petitioner's Application for Appointment of Retired District Judge as Sole Arbitrator Granted Due to Respondent's Failure to Appoint Arbitrator Despite Notice.

The petitioner, M/s Bafna Udyog, filed an arbitration petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment ...

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Bombay High Court Allows Arbitration Petition Under Section 11(6) of Arbitration and Conciliation Act, 1996 Despite Unstamped MOU. Stamp Objection Is for Arbitral Tribunal to Decide, Not a Bar to Appointment of Arbitrator.

The applicants, Nilesh Shantilal Tank and Praful Shantilal Tank, filed an arbitration petition under Section 11(6) of the Arbitration and Conciliation...