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 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...

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 considered writ petition challenging MSME Facilitation Council award and constitutional validity of Section 16 of MSMED Act. Petitioner contended council lacked jurisdiction and award invalid due to missing signature of Chairman.

4 Oct 2021

The writ petition arose from a contractual dispute between JSW Steel Ltd. (formerly Ispat Metallics India Ltd.) as petitioner and Kamlakar V. Salvi, p...

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...

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