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Search Results for "arbitration and conciliation act 1996"

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High Court

High Court of Judicature at Bombay Hears Notice of Motion for Reference to Arbitration in Dispute Between Commodity Spot Exchange and Member. Defendant Exchange Seeks to Rely on Bye-Laws and Undertaking as Arbitration Agreement Under Section 8 of Arbitration and Conciliation Act, 1996.

10 Sep 2014

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High Court

High Court of Bombay Dismisses BSNL's Petition Challenging Facilitation Council's Jurisdiction Under MSMED Act — Arbitration Agreement Not Barred by Section 18 of MSMED Act. The court held that the Micro, Small and Medium Enterprises Development Act, 2006, being a special statute, overrides the arbitration agreement between the parties, and the Facilitation Council has jurisdiction to refer the dispute to arbitration.

31 Mar 2015

The petitioner, Bharat Sanchar Nigam Ltd. (BSNL), a Central Public Sector Enterprise, entered into agreements with respondent No. 2, M/s. People Infoc...

High Court

Bombay High Court Dismisses Petition Challenging Arbitrator's Order on Non-Arbitrability. Disputes Relating to Termination for Convenience and Non-Compete Obligations Held Not Arbitrable Under Section 16 of Arbitration and Conciliation Act, 1996.

30 Jun 2026

The petitioner, Capalpha Trade Private Limited, filed a commercial arbitration petition under Section 37 of the Arbitration and Conciliation Act, 1996...

High Court

Arbitration Amidst Disputed Insurance Claims. Navigating jurisdictional challenges and contractual non-disclosure in arbitration under the Arbitration and Conciliation Act, 1996.

19 Dec 2024

A Commercial Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award for its alleged failur...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that pre-amended provisions of the Arbitration and Conciliation Act, 1996 apply to arbitration requests received before 23rd October, 2015, and the High Court must respect the agreed appointment procedure.

29 Mar 2019

The Supreme Court considered a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6)...

High Court

Bombay High Court Allows Appointment of Arbitrator in Commercial Dispute Over Non-Payment and Failure to Issue Taking Over Certificate. Court holds that disputes regarding interim payment certificates and issuance of TOC are arbitrable under Section 11 of the Arbitration and Conciliation Act, 1996.

9 Jun 2022

The applicants, BSI-JDN Joint Venture and others, filed four applications under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appo...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that where requests for arbitration were made before the Amendment Act, 2015 came into force, the pre-amended provisions apply, and the High Court must respect the agreed procedure for appointment of arbitrator under Clause 64(3) of GCC.

29 Mar 2019

The Supreme Court considered a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6)...

High Court

Bombay High Court Allows Appointment of Arbitrator in Railway Contract Dispute Despite Non-Compliance with Pre-Arbitration Notice Period. The court held that the respondent's failure to respond to the notice and its conduct constituted waiver of the 30-day notice requirement under Clause 64(3)(b)(ii) of the Indian Railways Standard General Conditions of Contract.

3 Apr 2024

The applicant, S. N. Naik & Brothers, a proprietary concern, entered into a contract with the Union of India (respondent) on 23.09.2019 for constructi...

High Court

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.

25 Oct 2018

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

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that where parties have agreed on a procedure for appointment of arbitrator, the court must respect it unless bias or failure is shown.

29 Mar 2019

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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