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Search Results for "arbitral tribunal jurisdiction"

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High Court

Bombay High Court Allows Appointment of Arbitral Tribunal in EPC Contract Dispute — Respondent Failed to Respond to Invocation of Arbitration Clause. Court Appoints Sole Arbitrator Under Section 11 of Arbitration and Conciliation Act, 1996 as Respondent Did Not Object to Appointment Despite Notice.

20 Dec 2023

The applicant, Vedanta Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an Arbitra...

Supreme Court

Supreme Court Partly Allows Appeal in Arbitration Case, Modifying Interest Award Due to Claimant's Delay and Unreasonable Rate. Arbitrator's Discretion Under Section 31(7)(a) of Arbitration and Conciliation Act, 1996 Must Be Exercised with Reasons, and Interest Cannot Be Awarded for Periods of Inaction, with Rate Reduced from 18% to 9% and 6%.

30 Sep 2022

The dispute originated from a construction contract awarded in 1971 for building a road link, with completion delayed until 1977. The contractor, afte...

Supreme Court

Supreme Court Reviews Competence of Execution Court to Entertain Section 47 CPC Objections to International Arbitral Award Allegedly Tainted by Fraud; High Court's Dismissal of Objections Questioned. Public Sector Undertaking Appellant Contended That Award Procured Through Collusion of Own Officers with Decree-Holder Is Void Ab Initio, but Executing Court Found No Established Finding of Fraud.

1 Jan 1970

The dispute arose from a Long Term Agreement dated 07.03.2007 between MMTC Limited (a Public Sector Undertaking) and Anglo American Metallurgical Coal...

High Court

Bombay High Court Dismisses Winding Up Petitions Against Respondent — Disputed Debt and Bona Fide Defence Preclude Admission. The court held that a winding up petition under Sections 433 and 434 of the Companies Act, 1956 cannot be admitted when the debt is bona fide disputed and the company has a substantial defence, as the remedy is not for recovery of debt but for insolvency.

6 Jun 2017

The petitioner,  filed two winding up petitions under Sections 433 and 434 of the Companies Act, 1956 against Respondent., seeking winding up on ...

High Court

High Court of Karnataka Quashes Arbitrator Appointment in ISRO Contract Dispute Due to Lack of Jurisdiction. Appointment by Delhi Arbitration Centre without consent of Union of India held invalid under Section 11 of Arbitration and Conciliation Act, 1996.

22 Apr 2024

The petitioner, Union of India represented by the Ministry of Space (ISRO), filed a writ petition under Articles 226 and 227 of the Constitution of In...

High Court

Bombay High Court Sets Aside Ex-Parte Arbitral Award for Violation of Natural Justice — Additional Claims Filed After Proceedings Closed Without Notice to Opposite Party. The court held that the award passed under Section 34 of the Arbitration and Conciliation Act, 1996, was liable to be set aside as the petitioner was not given an opportunity to respond to additional claims submitted after the proceedings were closed.

18 Jul 2012

The petitioner, Ramesh K. Patel, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an ex-parte arbitral awa...

Supreme Court

Supreme Court Allows Appeal in Arbitration Case, Reinstating District Judge's Decision Upholding Arbitral Award. High Court Exceeded Jurisdiction Under Section 37 of Arbitration and Conciliation Act, 1996 by Re-evaluating Evidence and Decreeing Claim, Contrary to Limited Scope of Judicial Review.

13 Nov 2021

The dispute originated from a contract dated 4 April 2002 between Punjab State Civil Supplies Corporation Ltd and M/s Ramesh Kumar and Company for the...

High Court

Bombay High Court Allows Termination of Arbitrator's Mandate for Lack of Section 21 Notice and De Jure Ineligibility Under Section 12 of Arbitration Act. The court held that a valid Section 21 notice is mandatory for commencement of arbitration and that an arbitrator must disclose circumstances affecting independence, failing which the mandate can be terminated.

9 Jan 2023

The applicants, Sanjeev Kumar Kailash Prasad Agarwalla and Maya Sanjeev Kumar Agarwalla, filed two applications under Section 11(5) read with Sections...

High Court

Bombay High Court Hears Execution Application of Decree Holder Against Judgment Debtor — Dispute Over Adjustment of Tax Liabilities from Consent Award Instalments. Consent Award Stipulated Payment Without Any Deduction or Set-off, and Judgment Debtor's Withholding of Amounts Allegedly Triggered Automatic Restoration of Original Consideration.

4 May 2011

The Bombay High Court, in its Ordinary Original Civil Jurisdiction, heard Execution Application No. 161 of 2009 filed by Sahara Airlines Limited & Oth...

High Court

High Court of Bombay at Kolhapur Dismisses Appellant's Arbitration Appeal Under Section 37 of Arbitration and Conciliation Act, 1996 — Upholds Arbitral Award and District Judge's Order Confirming Payment of Balance Consideration Under MoU. Court Held That the Arbitral Tribunal's Findings on Execution of MoU and Payment of Consideration Were Not Perverse and Did Not Warrant Interference Under Section 34.

20 Jul 2026

The Appellant, Mr. Abdulgapr Maktumsab Hudali, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging the Judgmen...

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