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 Upholds Arbitral Award of 18% Interest in Commercial Dispute Over Television Serial Production. Court holds that arbitral tribunal's discretion to award interest under Section 31(7)(a) of the Arbitration and Conciliation Act, 1996 does not require evidence or reasons beyond the award's reasoning, and 18% is not per se excessive in commercial matters.

5 Dec 2013

The appeal arose from a commercial dispute between Zee Entertainment Enterprises Limited (appellant) and Klassic Studios & Films Private Limited (resp...

High Court

Bombay High Court Dismisses Appeal Against Setting Aside of Arbitral Award Due to Limitation and Abandonment. Claims raised after 12 years from contract termination held barred by limitation under Article 137 of Limitation Act, 1963 and deemed abandoned under contract terms.

27 Sep 2013

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court setting aside an arbitral award dated 19 July 2007 that had grante...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Interim Order in Partnership Dispute — Appellant's Absence No Ground to Set Aside Section 17 Order. Court upholds order directing redeposit of funds and restraining interference with firm's business, holding that the Tribunal acted within its jurisdiction to preserve assets.

9 Apr 2012

The case involves a partnership dispute between Leslie David Isaac (appellant) and Bahadur Bapuji Sanjana (respondent) concerning the firm Elektronik ...

High Court

Bombay High Court Allows Recall of Interim Order in Arbitration Dispute Over Termination of Concession Agreement — Petitioner Granted Relief to Appoint Independent Arbitrator. The Court held that an ex parte interim order passed without hearing the Petitioner and in ignorance of bias objection to the named arbitrator must be recalled, and the matter remitted for fresh consideration under Section 9 and Section 11 of the Arbitration and Conciliation Act, 1996.

24 Sep 2012

The Petitioner, M/s. Nagpur Sical Gupta Road Terminal Limited, a joint venture company, entered into a Concession Agreement dated 20 April 2007 with t...

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...

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