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Search Results for "arbitral tribunal jurisdiction"

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High Court

Bombay High Court Delivers Judgment on Arbitration Petition Under Section 37 of Arbitration and Conciliation Act, 1996. The Petition Challenged Interim Measures Granted by Arbitral Tribunal in Terminalling Service Agreement Dispute.

6 May 2016

The petitioner, Gujarat Chemical Port Terminal Co. Ltd., constructed port terminal facilities at Dahej, Gujarat, including tanks for handling and expo...

High Court

Bombay High Court Allows Appeal Against Section 9 Order Due to Insufficiently Stamped MOU. Application Under Section 9 of Arbitration and Conciliation Act, 1996 Held Not Maintainable as Underlying Agreement Was Insufficiently Stamped Under Section 35 of Bombay Stamp Act, 1958.

22 Aug 2014

The appeal arose from an order dated 30 August 2013 passed by the learned Principal District Judge, Thane, allowing an application filed by the respon...

High Court

Bombay High Court Allows Amendment in Arbitration Application Under Section 9 of Arbitration Act — Petitioner Permitted to Amend Pleadings to Include Claim for Injunction Against Alienation of Partnership Property. Amendment under Order VI Rule 17 CPC allowed as it did not change nature of proceedings and was necessary to avoid multiplicity of litigation.

25 Nov 2014

The petitioner, Sanjay Suganchand Kasliwal, filed a writ petition challenging the rejection of his applications for amendment (Exh.35 and Exh.36) in a...

Supreme Court

Supreme Court Dismisses Appeal of Contractor in Arbitration Dispute Over Interest. Contractual Clauses 50 and 51 of GCC Barred Arbitral Tribunal from Awarding Interest on Delayed Payments Under Section 31(7)(a) of Arbitration and Conciliation Act, 1996.

7 Feb 2019

The dispute arose from a contract awarded to Jaiprakash Associates Ltd. (JAL) by Tehri Hydro Development Corporation India Ltd. (THDC) for execution o...

Supreme Court

Supreme Court Allows Arbitration Appointment Despite Limitation Bar — Scope of Section 11(6A) Confined to Existence of Arbitration Agreement. The 2015 Amendment Act restricts court's role to checking arbitration agreement existence, leaving limitation and other issues to arbitrator under Section 16.

27 Nov 2019

The dispute arose from an agreement dated 21.12.2010 between M/s. Uttarakhand Purv Sainik Kalyan Nigam Limited (Petitioner-Contractor) and Northern Co...

High Court

Bombay High Court Dismisses Petition Challenging Arbitrator's Procedural Order in Arbitration Proceeding. Section 9 or Section 19 of Arbitration and Conciliation Act, 1996 Cannot Be Invoked to Challenge Arbitrator's Communication Regarding Procedure.

28 Mar 2011

The petitioner, Sahyadri Earthmovers, filed an Arbitration Petition under Section 9 read with Section 19 of the Arbitration and Conciliation Act, 1996...

High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Price Adjustment Dispute Under World Bank-Financed Contract. Court Upholds Majority Award's Interpretation of Price Adjustment Clause but Modifies Interest Rate from 18% to 12%.

1 Oct 2012

The petitioner, M/s. Angerlehner Structurals & Civil Engineering Co., was awarded a contract by the Municipal Corporation of Greater Mumbai (MMC) for ...

High Court

Bombay High Court Upholds Arbitral Award in Price Escalation Dispute Under FIDIC Contracts — Formula Interpretation Not Permissible When Language Is Clear. Court holds that a price escalation formula in a contract, being a mathematical expression, cannot be interpreted or varied by an arbitrator if its terms are unambiguous.

31 Mar 2017

The judgment concerns two arbitration petitions arising from contracts between the Municipal Corporation of Greater Mumbai and two contractors, M/s. A...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Condonation of Delay in Filing Section 34 Petition Under Arbitration Act — Limitation Period Computed Strictly Under Section 34(3) Read With Section 33(6). The court held that the delay beyond the 30-day extension period cannot be condoned, and the District Court's order was upheld.

23 Apr 2015

The appellant, M/s. S.R. Thermocole (EPS) Packaging Pvt. Ltd., filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challen...

High Court

High Court of Karnataka Allows Writ Petition Quashing Arbitrator's Orders Refusing to Decide Jurisdiction as Preliminary Issue. Arbitrator Must Rule on Jurisdiction at Threshold Under Section 16 of Arbitration Act, 1940.

30 Jan 2024

The petitioner, M/s. Northroof Ventures Private Limited (formerly M/s. Nitesh Housing Developers Pvt. Ltd.), a company incorporated under the Companie...

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