Search Results for "commercial arbitration petition"

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Search Results for "commercial arbitration petition"

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High Court

Bombay High Court Partially Allows Arbitration Petitions Challenging Award on Agreement for Sale — Refund Ordered Instead of Specific Performance. The court upheld the arbitral tribunal's refusal to grant specific performance but reduced the interest rate on refund from 8% to 6% per annum under Section 34 of the Arbitration and Conciliation Act, 1996.

23 Mar 2023

The judgment concerns two arbitration petitions arising from a common arbitral award dated 31st March 2022. The dispute originated from a registered a...

High Court

Bombay High Court Dismisses Anti-Suit Injunction Application in International Arbitration Enforcement Dispute. Court holds that Indian courts cannot restrain enforcement of foreign arbitration awards in New York when the award debtor has submitted to the jurisdiction of the foreign court.

2 Feb 2015

The case involves a dispute between E-City Entertainment (I) Pvt. Ltd. (E-City), an Indian company part of the Essel Group, and Imax Corporation (IMAX...

High Court

Bombay High Court Reviews Consent Order in Commercial Execution Application Arising from Arbitration Award; State Challenges Consent Terms Signed During President's Rule Under Article 356 of the Constitution

5 Mar 2021

The dispute arose from a contract awarded on 6 July 2012 by the State of Maharashtra through its Public Works Department to Manaj Tollway Private Limi...

High Court

Bombay High Court Dismisses Contempt Petition for Alleged Willful Disobedience of Interim Orders in Arbitration Dispute. Court holds that orders were not sufficiently clear and specific to warrant contempt proceedings, and the remedy lies in execution.

30 Jul 2019

The petitioner, Sri Sai Krishna Constructions, filed a contempt petition alleging willful disobedience of two orders passed by the Bombay High Court i...

High Court

Bombay High Court Allows Interim Application to Set Aside Ex-Parte Arbitral Award Due to Lack of Proper Service and Violation of Natural Justice. Service by email without proof of delivery and newspaper publication without court permission is insufficient under Section 34 of the Arbitration and Conciliation Act, 1996.

31 Mar 2021

The case involves an application under Section 34 of the Arbitration and Conciliation Act, 1996, filed by the respondents in the arbitration (applican...

High Court

Bombay High Court Upholds Arbitral Award in Price Escalation Dispute Under FIDIC Contracts — Formula Interpretation Not Permissible When Language Is Clear. Court holds that a price escalation formula in a contract, being a mathematical expression, cannot be interpreted or varied by an arbitrator if its terms are unambiguous.

31 Mar 2017

The judgment concerns two arbitration petitions arising from contracts between the Municipal Corporation of Greater Mumbai and two contractors, M/s. A...

High Court

Bombay High Court Allows Writ Petition Challenging Civil Court's Dismissal of Suit on Ground of Arbitration Clause Under Stock Exchange Bye-laws. Transaction Not Through Stock Exchange Member, Hence Civil Court Has Jurisdiction to Entertain Recovery Suit.

9 Jan 2006

The petitioners, M/s. Prashant Commercial, filed a suit for recovery of Rs. 23 lakhs against the respondent, Rajratan R. Mohta, claiming that the amou...

High Court

Bombay High Court Dismisses Appeal Against Striking Off Defence in Foreign Award Enforcement. Non-compliance with interim orders under Section 9 of Arbitration and Conciliation Act, 1996 leads to striking off defence under Order 39 Rule 11 CPC.

24 Jan 2013

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court dated 4 October 2012, which allowed a motion under Order 39 Rule 1...

High Court

Bombay High Court Dismisses Petition to Appoint Arbitrator in Redevelopment Dispute — Dispute Not Arbitrable Under Section 41(e) of Specific Relief Act, 1963. Termination of Development Agreement and Claim for Possession Cannot Be Referred to Arbitration as They Involve Specific Performance and Continuous Duties.

20 Oct 2015

The petitioners, Anand Villa Co-Operative Housing Society Ltd. and its members, filed an arbitration petition under Section 11 of the Arbitration and ...

Supreme Court

Supreme Court Partly Allows Appeals in Arbitration Dispute Over Interest and Contract Interpretation. The Court held that arbitral tribunals have the power to award compound interest under Section 31(7) of the Arbitration and Conciliation Act, 1996, and that a Memorandum of Understanding merged into an Implementation Agreement for arbitration purposes based on contractual terms.

7 Jan 2022

The Supreme Court addressed two civil appeals arising from a common judgment of the High Court of Himachal Pradesh in an arbitration dispute between U...

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