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Search Results for "Arbitrability"

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High Court

High Court of Gujarat Dismisses Petition for Appointment of Arbitrator in Coal Mining Services Agreement Dispute — No Arbitration Agreement Exists Between Petitioner and Respondent. Court holds that a consortium agreement does not create privity of contract between the lead member and the employer, and the arbitration clause in the draft CMSA cannot be invoked before execution of the main agreement.

30 Jan 2026

The petitioner, Adani Enterprises Limited, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an ...

Supreme Court

Supreme Court Sets Aside NCDRC Order : No Privity of Contract Between Parties, Respondent Not a ‘Consumer’ Under Consumer Protection Act, 1986. Court Holds No Tripartite Agreement Proven, Respondent Not Entitled to Compensation Under Consumer Protection Act, 1986

20 Mar 2025

Privity of Contract Essential for Consumer Status: The Court reiterated that for a person to qualify as a ‘consumer’ under the CPA, t...

Supreme Court

Supreme Court Clarifies Jurisdiction in International Arbitration Agreements. Supreme Court Rules on Applicability of Indian Law and Jurisdiction in Cross-Border Arbitration Disputes

18 Mar 2025

Governing Law of Arbitration Agreement: The Court applied the three-step test from Sulamérica Cia Nacional De Seguros S.A. v. Enesa Engenharia S.A....

Supreme Court

"Supreme Court Upholds Limited Scope of High Court in Arbitration Applications Under Section 11 – Refers Dispute to Sole Arbitrator" "Clarifying the Referral Court's Role Under Section 11 of the Arbitration Act, the Supreme Court emphasizes minimal intervention in the presence of prima facie arbitration agreements."

7 Nov 2024

Relevant Acts and Sections Discussed: Arbitration and Conciliation Act, 1996 Section 11: Appointment of Arbitrators Insolvency and Bankrupt...

High Court

Bombay High Court Sets Aside Arbitral Award for Patent Illegality — Arbitrator Erred in Holding Claims Non-Arbitrable for Lack of Notification Under GCC Not Incorporated in Subcontract. The court found that the arbitrator's conclusion that the General Conditions of Contract formed part of the subcontract was perverse and contrary to the clear terms of the subcontract documents.

5 Feb 2019

The case arises from a subcontract agreement between Khurana Constructions (petitioner/contractor) and IOT Infrastructure and Energy Services Ltd. (re...

High Court

Bombay High Court Allows Appointment of Arbitrator in Software Implementation Dispute. Section 11(6) of Arbitration and Conciliation Act, 1996 invoked due to respondent's failure to appoint arbitrator under agreement dated 30 October 2015.

30 Nov 2018

The applicant, SAP India Private Limited, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment o...

High Court

Bombay High Court Allows Petition Under Section 14(2) of Arbitration Act, Setting Aside Arbitrator's Termination of Proceedings for Delay in Filing Statement of Claim. Arbitrator's Refusal to Condoned Minimal Delay and Termination Held Arbitrary and Amounting to De Jure Inability to Act.

30 Nov 2017

The petitioners, original claimants in arbitral proceedings, filed a petition under Section 14(2) and Section 32(2) of the Arbitration and Conciliatio...

High Court

Bombay High Court Allows Arbitration Petitions, Appoints Sole Arbitrator in Leave and License Disputes. Court holds that existence of arbitration clause is sufficient for appointment under Section 11 of Arbitration and Conciliation Act, 1996, and objections regarding stamping and arbitrability are for arbitrator to decide.

10 Nov 2017

The judgment concerns five arbitration petitions filed under Section 11 of the Arbitration and Conciliation Act, 1996, by various petitioners (Rajesh ...

High Court

Bombay High Court Dismisses Appeal by Municipal Corporation Against Rejection of Petition to Set Aside Arbitral Award. Arbitrator's Findings on Contractual Interpretation and Delay Held Final Under Section 30 of Arbitration Act, 1940.

5 May 2017

The appellant, Municipal Corporation of Greater Bombay, had invited tenders for re-construction of Zakariya Bunder road in May 1989. Respondent no.1 s...

High Court

Bombay High Court Dismisses Municipal Council's Appeal Against Decree in Terms of Arbitral Award in Octroi Collection Dispute. Court Holds That Objections Under Section 30 of Arbitration Act, 1940 Cannot Be Raised After Award Is Made Rule of Court.

4 Aug 2016

The appellant, Ambernath Municipal Council, a body corporate under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, ...

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