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 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 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...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Dredging Contract Dispute — Interest Award Modified and Counterclaim Allowed. The court held that the arbitral tribunal's award of interest from the date of the award rather than from the date of the claim was contrary to Section 31(7)(a) of the Arbitration and Conciliation Act, 1996, and that the rejection of the employer's counterclaim for demobilization costs under Clause 73(1) was perverse.

15 May 2020

The judgment concerns two cross petitions under Section 34 of the Arbitration and Conciliation Act, 1996 challenging a majority arbitral award arising...

High Court

High Court of Bombay Allows Encashment of Bank Guarantee in Winding Up Proceedings — Security Deposit Refund Ordered. Court held that failure to finalize leave and license agreement within extended period entitled applicant to refund of security deposit, and bank guarantee furnished pursuant to consent order could be encashed upon expiry.

2 Jan 2020

The applicant, Palladian Hotels Private Limited, filed a company application seeking an order to encash a bank guarantee of Rs.38,53,000/- furnished b...

High Court

COMMERCIAL EXECUTION APPLICATION (Lodging) NO.2701 OF 2018

1 Jan 1970

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High Court

High Court of Karnataka Dismisses Revision Petition in Final Decree Proceedings — Rejection of Review Application Under Section 47 CPC Upheld. Court holds that objections to execution of a decree cannot be raised after final decree is passed and that a review application is not maintainable when the decree has merged with a higher court's order.

6 Dec 2019

The revision petition arises out of the impugned judgment and order dated 16.06.2016 passed in FDP No.113/2010 on the file of the XXII Additional City...

High Court

Bombay High Court Dismisses Union of India's Challenge to Arbitral Award on Loss of Profit and Interest in Railway Contract Dispute. Court Upholds 5% Loss of Profit on Withdrawn Work and 9% Interest as Reasonable and Within Tribunal's Discretion Under Section 34 of Arbitration and Conciliation Act, 1996.

9 Feb 2011

The case involves two arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a common arbitral award dated ...

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