Search Results for "arbitral tribunal jurisdiction"

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Search Results for "arbitral tribunal jurisdiction"

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High Court

Bombay High Court Allows Appointment of Sole Arbitrator in Technology Development Dispute — Dispute Regarding Termination of Agreement and Refusal to Issue Work Order Referred to Arbitration. The court held that a valid arbitration agreement existed and the dispute was arbitrable, appointing a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.

19 Jan 2023

The petitioner, Sara Chemicals and Consultants, a proprietary concern engaged in organic chemical development, entered into a Technology Development S...

Supreme Court

Supreme Court Allows Tenants' Appeal, Holds Landlord-Tenant Disputes Under Transfer of Property Act Non-Arbitrable. Dispute Arising from Lease Expiry by Efflux of Time Cannot Be Referred to Arbitration as the Subject-Matter Is Incapable of Arbitration Under Section 11(6A) of the Arbitration and Conciliation Act, 1996.

13 Feb 2019

The appeal arose from a tenancy agreement dated 02.02.2006 between the appellants (tenants) and the respondent's predecessor-in-title for godowns and ...

High Court

Bombay High Court Allows Appeal Against Rejection of Section 9 Petition in Arbitration Matter — Holds That Court Can Grant Interim Relief Even After Arbitrator Appointed if Urgency Exists. The court clarified that the availability of an alternative remedy under Section 17 of the Arbitration and Conciliation Act, 1996 does not automatically bar a petition under Section 9, and the court must consider the facts and circumstances of each case.

9 Mar 2005

The case involves an appeal filed by Ashok Leyland Finance Ltd. against an order of a single judge of the Bombay High Court dated 18.1.2005, which rej...

High Court

Bombay High Court Allows Section 11 Applications to Appoint Arbitrator in LLP and Trust Dispute Over School Management Agreements. Court Holds That Arbitration Clause in School Management Services Agreement Binds Non-Signatory Trust Due to Interconnected Agreements.

23 Dec 2022

The judgment concerns two arbitration applications filed under Section 11 of the Arbitration and Conciliation Act, 1996, by Edufocus International Edu...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Awards in Share Subscription Dispute — No Interference Under Section 34 of Arbitration Act as Findings of Fact Are Not Re-Examinable. Court upholds arbitral tribunal's findings on breach of representations and warranties in Share Subscription Agreement and Shareholders Agreement, holding that the tribunal's interpretation of contractual terms and assessment of evidence cannot be reappraised under Section 34 of the Arbitration and Conciliation Act, 1996.

5 May 2017

The present appeal arises from the dismissal of two petitions under Section 34 of the Arbitration and Conciliation Act, 1996, by a learned Single Judg...

High Court

Bombay High Court Dismisses Challenge to Arbitral Award in Stock Broker Dispute — Group Adjustment Letter Authorized Set-off of Losses Across Family Accounts. The court upheld the arbitral award rejecting the client's claim for unauthorized trades and wrongful disposal of shares, holding that the group adjustment letter was binding and the client failed to prove unauthorized trades.

27 Feb 2012

The petitioner, Manjula Arvind Thakkar, challenged an arbitral award dated 10 February 2010 passed by the Arbitral Tribunal constituted under the Byel...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Award in Stock Broking Dispute — Mitigation of Damages Upheld. Court holds that the arbitral tribunal's finding on failure to mitigate damages within a reasonable period is a finding of fact not amenable to interference under Section 34 of the Arbitration and Conciliation Act, 1996.

19 Jul 2013

The appeal arises from a judgment of the Learned Single Judge dated 17 April 2012 dismissing a petition under Section 34 of the Arbitration and Concil...

High Court

Bombay High Court Dismisses Section 34 Petition Against Arbitral Award in Distributorship Dispute — Rejects Claim for Loss of Profits for Period Without Written Agreement. The court held that the arbitrator's finding that no implied contract existed for the period 14th June 2006 to 31st March 2007 was not perverse or against public policy under Section 34 of the Arbitration and Conciliation Act, 1996.

9 Jun 2015

The petitioner, Diversey India Private Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitr...

High Court

Bombay High Court Sets Aside Arbitral Award for Lack of Jurisdiction Where Claim Exceeds 20% of Contract Value Under Special Conditions of Contract. The court held that the Arbitral Tribunal had no jurisdiction to entertain claims exceeding 20% of the contract value as per Clause 41.2 of the Special Conditions of Contract, and the award was liable to be set aside under Section 34 of the Arbitration and Conciliation Act, 1996.

5 Feb 2010

The petitioner, Union of India, through the Divisional Railway Manager (Works), Mumbai Division, filed a petition under Section 34 of the Arbitration ...

High Court

Bombay High Court Grants Injunction Against Franchisee in EuroKids Trademark Dispute — Franchise Agreement Terminated Due to Non-Payment of Royalty and Breach of Terms. Court Restrains Respondent from Using Petitioner's Trademarks and Operating as Franchisee Pending Arbitration.

1 Jul 2015

The petitioner, EuroKids International Private Limited, filed an arbitration petition under Section 9 of the Arbitration and Conciliation Act, 1996, s...

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