Search Results for "statutory arbitration"

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Search Results for "statutory arbitration"

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High Court

Bombay High Court Allows Termination of Arbitrator's Mandate for Lack of Section 21 Notice and De Jure Ineligibility Under Section 12 of Arbitration Act. The court held that a valid Section 21 notice is mandatory for commencement of arbitration and that an arbitrator must disclose circumstances affecting independence, failing which the mandate can be terminated.

9 Jan 2023

The applicants, Sanjeev Kumar Kailash Prasad Agarwalla and Maya Sanjeev Kumar Agarwalla, filed two applications under Section 11(5) read with Sections...

High Court

High Court Dismisses Arbitration Application and Petition for Interim Measures in Partnership Dispute Over Commercial Project. No Arbitration Agreement Found in Memorandum of Understanding Dated 16 October 2017 Under Sections 9 and 11 of Arbitration and Conciliation Act, 1996, Thus Relief Denied.

4 Mar 2026

The dispute arose from a partnership firm, Respondents, involved in developing 'Ventura Commercial Hub'. The petitioner, was admitted as a partner in ...

High Court

Bombay High Court Allows Appointment of Arbitrator in Share Acquisition Dispute — Arbitration Clause Invoked for Non-Payment of Balance Consideration. The court held that the existence of an arbitration agreement and a dispute regarding payment of Rs.1.5 Crores under the share acquisition agreements dated 14th October 2009 entitled the applicants to appointment of an arbitrator under Section 11 of the Arbitration & Conciliation Act, 1996.

4 Mar 2013

The applicants, Bharat Kantilal Bussa and Rita Bharat Bussa, filed an application under Section 11 of the Arbitration & Conciliation Act, 1996, seekin...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — Pre-Amendment Act Applies; No Claim Certificate Does Not Bar Arbitration; Mutually Agreed Procedure Must Be Respected

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...

High Court

Bombay High Court Allows Appointment of Arbitrator in Municipal Construction Dispute Under Section 11(6) of Arbitration Act — Respondent Forfeits Right to Appoint by Delay. The Court held that the ineligibility under Section 12(5) read with Seventh Schedule can be waived, and the Respondent forfeited its right to appoint an arbitrator by failing to act within the prescribed time.

27 Jan 2023

The Petitioner, PSP Projects Limited, a construction company, was awarded a contract by the Respondent, Bhiwandi Nizampur City Municipal Corporation, ...

High Court

Bombay High Court Dismisses Petitions Challenging Arbitrator Appointment in BPCL Dispute — No Bias Found in Sole Arbitrator Being an Employee of the Respondent Company. The court held that mere employment does not create automatic disqualification under Section 11 of the Arbitration and Conciliation Act, 1996, and petitioners failed to show actual bias.

30 Nov -0001

The judgment concerns five arbitration petitions filed by different companies (Faridabad Metal Udyog Pvt. Ltd., Hindustan Wires Limited Ltd., Universa...

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...

Supreme Court

Supreme Court Allows Contractor's Appeal in Arbitration Dispute Over Arbitrator's Post-Retirement Mandate. Construction contract arbitration clause did not terminate arbitrator's mandate upon retirement, and respondents' participation waived objection to continuation under Indian Arbitration Act, 1940.

20 Sep 2021

The dispute originated from a construction contract dated 06.02.1988 between M/s Laxmi Continental Construction Co. and the State of U.P., involving e...

Supreme Court

Supreme Court Considers Scope of Section 45 of Arbitration and Conciliation Act in International Commercial Disputes. Multiple Issues Framed on Reference to Arbitration in Multi-Party Joint Venture Agreements.

1 Aug 2026

The dispute arose from a series of joint venture and ancillary agreements executed between Indian company Chloro Controls (I) P. Ltd. and foreign coll...

High Court

Bombay High Court Allows Arbitration Petition Under Section 8 of Arbitration and Conciliation Act, 1996 — Dispute Referred to Arbitration as Shareholders Agreement Contains Valid Arbitration Clause. The court held that the respondents, being parties to the shareholders agreement, must be referred to arbitration despite the petitioner not being a party to that agreement.

4 Oct 2012

The petitioner, Rohini Industrial Electricals Limited, filed an Arbitration Petition under Section 8 of the Arbitration and Conciliation Act, 1996, se...

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