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Search Results for "arbitration jurisdiction"

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Supreme Court

Supreme Court Allows Appeal Against Arbitrator Appointment in Tender Dispute Due to Absence of Concluded Contract. No Valid Arbitration Agreement Found as Letter of Intent Was Contingent on Formal Work Order Under Section 7 of Arbitration and Conciliation Act, 1996.

9 Apr 2026

The dispute arose between Maharashtra State Electricity Distribution Company Limited (MSEDCL), a state government electricity distribution utility, an...

High Court

Bombay High Court Dismisses Jurisdictional Objection in Foreign Award Enforcement — Implied Exclusion of Part I of Arbitration Act Upheld. Parties' choice of London arbitration and English law impliedly excludes Part I of the Arbitration and Conciliation Act, 1996, including section 42, so prior section 34 application in Gujarat does not bar Bombay High Court from hearing enforcement petition under section 48.

5 Oct 2011

The petitioner, Eitzen Bulk A/S, filed a petition under section 48 of the Arbitration and Conciliation Act, 1996, before the Bombay High Court seeking...

High Court

Bombay High Court Allows Appointment of Sole Arbitrator in Joint Venture Dispute — Arbitration Clause Survives Termination of Agreement. Section 11 of the Arbitration and Conciliation Act, 1996 invoked for disputes arising from Joint Venture Agreement dated 28th March, 2007.

6 May 2022

The applicant, M/s. Atul & Arkade Realty, a partnership firm engaged in real estate development, filed an application under Section 11 of the Arbitrat...

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 Section 11 Application and Appoints Arbitrator in Commercial Dispute Over Termination of Procurement Agreement. Pre-Arbitral Negotiation Clause Held Not Mandatory Condition Precedent Under Section 11 of the Arbitration and Conciliation Act, 1996.

10 Apr 2019

This is an application under Section 11 of the Arbitration and Conciliation Act, 1996 filed by Tech Mahindra Ltd. against Tata Communications Transfor...

High Court

Bombay High Court Allows Referral of Admiralty Suit to Arbitration Under Section 45 of Arbitration and Conciliation Act, 1996 — Arbitration Agreement Enforceable Despite Admiralty Claim. The court held that the existence of an arbitration agreement between parties mandates referral of the dispute to arbitration, and the admiralty suit cannot proceed in court.

6 Jul 2005

The judgment concerns two arbitration petitions filed under Section 45 of the Arbitration and Conciliation Act, 1996, seeking referral of an admiralty...

High Court

Bombay High Court Dismisses Application for Appointment of Arbitrator in MOU Dispute — Clause Providing for 'Alternative' Arbitration by Mutual Consent Not a Binding Arbitration Agreement. The Court held that Clause 10 of the MOU did not contain a binding arbitration agreement as it made arbitration contingent on future mutual consent and was not mandatory, thereby rejecting the application under Section 11 of the Arbitration and Conciliation Act, 1996.

30 Sep 2014

The Applicant filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of a sole arbitrator to resolve ...

High Court

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.

3 Apr 2014

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

High Court

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.

3 Apr 2014

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...

High Court

Bombay High Court Sets Aside Arbitrator's Interim Award Impleading Non-Signatory in Arbitration Petition Under Section 34 of the Arbitration and Conciliation Act, 1996. Court holds that an arbitral tribunal cannot implead parties who are not signatories to the arbitration agreement as it lacks inherent jurisdiction.

27 Mar 2024

The Petitioner, Cardinal Energy and Infra Structure Private Ltd., filed a Commercial Arbitration Petition under Section 34 of the Arbitration and Conc...

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