Search Results for "Arbitrability"

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Supreme Court Upholds Arbitrator's Award in Contract Dispute Over Final Bill Claims. Court Held That Arbitrator's Consideration of Vitiating Factors and Contract Clauses Was Permissible Under Arbitration and Conciliation Act, 1996, Despite Prohibition on Further Claims in Clauses 65 and 65A.

The dispute arose from a contract dated 02.07.2001 for repair works, with time extended to 19.01.2002. The respondent contractor submitted a final bil...

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Supreme Court Allows Appeals Against Appointment of Arbitrator in WAPCOS Ltd. v. Salma Dam Joint Venture. The court held that the arbitration agreement was novated by a subsequent amendment and that the petitioner lacked authority to invoke arbitration after revocation of power of attorney.

The Supreme Court of India heard appeals against the Delhi High Court's order appointing a sole arbitrator under Section 11(6) of the Arbitration and ...

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Supreme Court Allows Contractor's Appeal in ONGC Arbitration Dispute. Levy of Liquidated Damages Under Clause 2 of Contract Held Arbitrable, Not an Excepted Matter.

The Supreme Court of India heard two civil appeals arising from a judgment of the Delhi High Court Division Bench, which had set aside an arbitral awa...

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Supreme Court Upholds Arbitral Award in Consignment Agent Dispute — MMTC Ltd. v. Vedanta Ltd. Scope of Interference with Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996 Limited to Grounds of Public Policy and Patent Illegality.

The Supreme Court dismissed the civil appeal filed by MMTC Ltd. against the judgment of the Bombay High Court which had upheld the majority arbitral a...

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High Court of Bombay Dismisses Petition Challenging Arbitral Award in Contract Dispute — Rejects Challenge Under Section 34 of Arbitration and Conciliation Act, 1996. Arbitrator's findings on delay and damages held to be plausible and not perverse.

The Union of India (Petitioner) challenged an arbitral award dated 28th March, 2007 (amended on 19th April, 2007) passed by the sole Arbitrator (Chief...

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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.

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