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Search Results for "arbitral tribunal jurisdiction"

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High Court

Bombay High Court Dismisses Section 11 Application for Appointment of Arbitrator in Second Round of Arbitration — No Arbitration Agreement Survives After Award Set Aside Without Remand. The court held that after an arbitral award is set aside under Section 34 without any direction for de novo arbitration, the arbitration agreement does not revive for a fresh round of arbitration, and a pending Section 37 appeal does not alter this position.

10 Oct 2025

The dispute arose from an Agreement for Purchase of Salvage Material dated 29th November 2011 between Rajuram Sawaji Purohit, sole proprietor of M/s. ...

High Court

High Court of Karnataka Dismisses Petition Under Section 11(4) of Arbitration Act for Appointment of Arbitrator When Tribunal Already Constituted. Petition Under Section 11(4) Not Maintainable Once Arbitral Tribunal is Constituted; Remedy Lies Under Section 15 of the Act for Substitution of Arbitrator.

7 Apr 2017

The petitioner, Transparent Energy Systems Pvt. Ltd., filed a Civil Miscellaneous Petition under Section 11(4) of the Arbitration and Conciliation Act...

High Court

Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act, Upholds Rejection of Section 34 Petition Against Arbitral Award. Lump Sum Contract Precludes Claim for Extra Payment Based on Pre-Contractual Meetings.

27 Jul 2016

The appeal under Section 37 of the Arbitration and Conciliation Act, 1996, arose from an order dated 6 May 2016 passed by a learned Single Judge of th...

High Court

High Court of Bombay Sets Aside Exparte Arbitral Award for Violation of Natural Justice and Lack of Proper Notice. Appointment of Arbitrator by Respondent Without Petitioner's Consent and Conduct of Proceedings Without Notice to Petitioner Renders Award Liable to Be Set Aside Under Section 34 of the Arbitration and Conciliation Act, 1996.

7 Jan 2013

The petitioner, M/s. Zenith Fire Services (India) Private Limited, challenged an exparte arbitral award dated 31 October 2011 passed by a sole arbitra...

High Court

High Court of Karnataka Quashes Commercial Court Order in Arbitration Dispute Over Appointment of Arbitrator — Holds That Section 11(6) Application Under Arbitration Act Is Not Maintainable Before Commercial Court Without Prior Notice Under Section 21.

20 Dec 2024

The petitioners filed a writ petition under Article 227 of the Constitution of India challenging an order dated 12.01.2021 passed by the Commercial Co...

High Court

Bombay High Court Partially Allows ONGC's Challenge to Arbitral Award in Drilling Contract Dispute, Dismisses DDL's Cross-Challenge on Interest. Court upholds award of US$ 2,699,235.63 for wellhead tools and services but denies pre-award interest under Section 31(7)(a) of the Arbitration and Conciliation Act, 1996.

9 May 2012

The judgment concerns two arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated 7 ...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Award in Stockbroker Dispute, Upholds Limitation and Maintainability. The Court held that the claim was within limitation due to acknowledgement of debt and that the arbitration application was maintainable despite directors' disqualification.

9 Jul 2019

The Appellant, Kaynet Finance Limited, a member-broker at the National Stock Exchange of India, was appointed by the Respondent, Verona Capital Limite...

High Court

High Court of Bombay Upholds Arbitral Award in Favor of Contractor in Railway Contract Dispute — Rejects Challenge Based on Excepted Matters and Delay in Raising Counterclaim. The court found no ground to interfere under Section 34 of the Arbitration and Conciliation Act, 1996, as the Arbitral Tribunal had considered the contractual provisions and extensions granted by consent.

14 Jan 2011

The case involves a challenge by the Union of India (Petitioner) against an Arbitral Award dated 16 December 2005 passed by the Arbitral Tribunal in a...

High Court

Bombay High Court Dismisses Appeal by ONGC Against Upholding of Arbitral Award in Contract Dispute. Interpretation of Contract Terms and Findings of Fact by Arbitral Tribunal Not Open to Challenge Under Section 34 of Arbitration and Conciliation Act, 1996.

30 Apr 2026

The case arises from a commercial arbitration appeal filed by Oil and Natural Gas Corporation Ltd. (ONGC) against the judgment of a Single Judge of th...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Award Rejecting Counterclaim in Share Brokerage Dispute. Court upholds arbitral tribunal's finding that appellant failed to prove respondent's negligence in squaring off F&O contracts without notice.

24 Jul 2012

The appellant, Avalon Investment Private Limited, was a client of the respondent, Mukesh Brokerage & Financial Limited, a share broker registered with...

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