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Search Results for "arbitral tribunal jurisdiction"

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High Court

Bombay High Court Appoints Sole Arbitrator in Partnership Dispute Despite Objections on Privity of Arbitration Agreement. Court limits its inquiry under Section 11(6A) to existence of arbitration agreement, leaving issues of privity and liability to arbitral tribunal under Section 16.

24 Feb 2025

The Petitioner, Darshan Mahendra Nibjya, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a sub...

High Court

Bombay High Court Allows Arbitration Application Under Section 11(6) of Arbitration and Conciliation Act, 1996 Despite Unregistered Partnership Firm. Court Holds That Section 69(3) of Partnership Act, 1932 Does Not Bar Arbitration Reference for Claims Arising from Partnership Disputes.

19 Nov 2010

The applicant, Ezra Victor Aboody, and the respondent, H. Dhanrajgir Estate Pvt. Ltd., entered into a partnership deed on 14 February 2003 for coachin...

High Court

Bombay High Court Dismisses Section 37 Petition Challenging Arbitrator's Order Terminating Arbitration for Lack of Arbitration Agreement. Developer Fails to Prove Existence of Arbitration Clause in Development Agreement with Cooperative Housing Society.

5 Jun 2023

The petitioner, M/s. Panama Builders & Developers Pvt. Ltd., filed a petition under Section 37 of the Arbitration and Conciliation Act, 1996, challeng...

High Court

Bombay High Court Allows Application for Appointment of Arbitrator in Railway Contract Dispute. Arbitration Clause in Works Contract Enforced Under Section 11 of Arbitration and Conciliation Act, 1996.

8 Apr 2013

The applicant, a registered government contractor, was awarded a contract by the respondent, the General Manager of South Central Railway, for extensi...

High Court

High Court of Karnataka Quashes Complaint and Summons in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice and Non-Compliance with Section 138 NI Act. The court held that the demand notice must be sent to the correct address of the drawer and that directors cannot be held liable without specific averments regarding their role.

26 Apr 2019

The petitioners, M/s Serve & Volley Outdoor Advertising Pvt Ltd and its directors, filed writ petitions under Articles 226 and 227 of the Constitution...

Supreme Court

Supreme Court Appoints Sole Arbitrator in Arbitration Petition Under Arbitration and Conciliation Act, 1996. Disputes arose from Construction Management Agreements regarding completion notices and fee obligations, with the court determining arbitration under those agreements was appropriate.

22 Sep 2021

The Supreme Court of India dealt with two arbitration petitions filed by DLF Home Developers Limited (DHDL) under Section 11(6) read with Section 11(1...

High Court

Bombay High Court Dismisses Enforcement Petition for Foreign Award Citing Lack of Jurisdiction Due to Prior Section 34 Filing. Section 42 of Arbitration and Conciliation Act, 1996 Vests Exclusive Jurisdiction with the Court at Jamkhambalia Where the Section 34 Application Was First Filed.

20 Dec 2010

The petitioners, Pacific Basin Ihx (UK) Ltd., a company incorporated in England engaged in shipping, sought enforcement of a foreign arbitration award...

High Court

High Court Dismisses Petition Challenging Arbitral Award in Construction Contract Dispute. Arbitrator's rejection of escalation claim due to absence of escalation clause upheld as not patently illegal under Section 34 of Arbitration and Conciliation Act, 1996.

7 Sep 2012

The petitioners, M/s. Gulraj Engineering Construction Co., a registered partnership firm, challenged an arbitral award dated 14 January 2009 passed by...

High Court

Bombay High Court Grants Injunction Against Enforcement of Interim Arbitral Award Pending Section 34 Challenge. Court holds that once a petition under Section 34 of the Arbitration and Conciliation Act, 1996 is filed within time, the arbitral award does not become enforceable until the expiry of the limitation period or disposal of the petition, and interim relief can be granted to preserve the subject matter.

18 Oct 2012

The case involves a Notice of Motion filed by the petitioners in an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 199...

Supreme Court

Supreme Court Dismisses State's Appeal in Arbitration Case Over Supervision Charges. The Court upheld the Arbitral Award disallowing supervision charges, finding no patent illegality in the Arbitrator's interpretation of the contract terms under the Arbitration and Conciliation Act, 1996, and rejected the waiver argument as the objection was raised in the Section 37 appeal.

8 Nov 2021

The dispute arose from an agreement dated 30 August 1979 between the State of Madhya Pradesh and M/s Sal Udyog Private Limited for the supply of Sal s...

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