Search Results for "arbitral tribunal jurisdiction"

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Supreme Court Allows Appeal Against Arbitrator Appointment in Tender Dispute Due to Absence of Concluded Contract. No Valid Arbitration Agreement Found as Letter of Intent Was Contingent on Formal Work Order Under Section 7 of Arbitration and Conciliation Act, 1996.

The dispute arose between Maharashtra State Electricity Distribution Company Limited (MSEDCL), a state government electricity distribution utility, an...

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Bombay High Court Allows Appointment of Arbitrator in Commercial Dispute Over Unpaid Invoices. Arbitration Agreement Found Valid Through Sales Terms and Conditions on Website and Invoices Accepted by Respondent.

The applicant, Ingram Micro India Pvt. Ltd., a distributor of computer products, filed an application under Section 11 of the Arbitration and Concilia...

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Bombay High Court Allows Appointment of Arbitrator in Partnership Dispute Despite Objections to Earlier Appointee. Court Holds That Arbitration Clause Survives Dissolution and Section 11(6) of Arbitration and Conciliation Act, 1996 Empowers Court to Appoint Arbitrator When Parties Fail to Agree.

The applicants, partners of a dissolved partnership firm, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeki...

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Bombay High Court Sets Aside Arbitral Award for Violation of Natural Justice and Lack of Evidence. Award of Rs.27.60 Lakhs Quashed as Arbitral Tribunal Failed to Provide Opportunity to Cross-Examine Witnesses and Relied on Unproven Documents.

The petitioner, Archana Bhagwan Jaswani, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral awar...

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Bombay High Court Dismisses ONGC's Challenge to Arbitral Award Rejecting Claim as Time-Barred. Claim for pre-project expenses under MOU held barred by limitation as expenditure incurred prior to April 2001 and claim raised after three years.

The Petitioner, Oil and Natural Gas Corporation Limited (ONGC), challenged an arbitral award dated 12 November 2009 passed by the Arbitral Tribunal co...

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High Court Dismisses Petition Challenging Arbitral Award in Insurance Claim Dispute — Underinsurance Calculation Upheld as Not Perverse. Court finds no patent illegality in tribunal's assessment of 55% underinsurance on replacement value basis.

The petitioner, M/s Lift and Shift India Pvt. Ltd., imported a second-hand crawler crane in 2004 and insured it with the respondent, M/s Iffco Tokio G...

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High Court Considers Whether Arbitrator Has Jurisdiction to Pass Successive Awards and Whether Claims Are Barred by Res Judicata. Challenge to Awards Confirmed by Lower Court Raises Issues of Functus Officio and Splitting of Claims under Sections 34 and 37 of Arbitration and Conciliation Act, 1996.

The appeals arose from two arbitration awards passed by the sole arbitrator in disputes between Mysore Lamp Works Limited (appellant) and S.V. Enginee...

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Bombay High Court Dismisses Writ Petition Challenging Arbitrator's Order Rejecting Stamp Duty Objection. Arbitrator has power to impound insufficiently stamped agreement under Section 33 of Maharashtra Stamp Act as a person in charge of a public office.

The petitioners, Milind Dattatraya Mahajan and others, filed a writ petition challenging an order dated 8.4.2018 passed by the learned sole Arbitrator...