Search Results for "Arbitral proceedings"

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Search Results for "Arbitral proceedings"

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Supreme Court

Supreme Court Examines Scope of Section 34 Arbitration Act in National Highways Acquisition Disputes - The court considered whether modification of arbitral awards is permissible under Section 34 of the Arbitration and Conciliation Act, 1996, particularly for compensation awards under the National Highways Act, 1956.

20 Jul 2021

The Supreme Court addressed a significant legal question regarding the scope of judicial intervention under Section 34 of the Arbitration and Concilia...

Supreme Court

Supreme Court Allows Appeal in Arbitration Jurisdiction Dispute, Holds Ahmedabad Courts Competent for Section 34 Petition. Mutual Consent to Shift Venue to Ahmedabad Established Seat There, Granting Exclusive Jurisdiction Under Arbitration and Conciliation Act, 1996, Overriding Original Clause Designating Rajasthan Courts.

13 Apr 2021

The appeal arose from a dispute over jurisdiction for a Section 34 petition under the Arbitration and Conciliation Act, 1996. The appellant, Inox Rene...

Supreme Court

Supreme Court Allows Appointment of Arbitrator in Sale Agreement Dispute Due to Unconcluded Settlement. The Court held that a recorded but unconcluded settlement does not extinguish the arbitration clause, and the dispute subsists for resolution under Section 11 of the Arbitration and Conciliation Act, 1996.

8 Apr 2021

The dispute arose from an Agreement of Sale dated 23.11.2006 between the appellant (purchaser) and respondent (seller) for property in Bangalore, with...

Supreme Court

Supreme Court Allows Appeal in Arbitration Petition Under Section 11 of Arbitration and Conciliation Act, 1996 - Family MoU Binding on Shareholders. The court held that a family Memorandum of Understanding containing an arbitration clause constitutes a valid arbitration agreement, enforceable under Section 11 of the Arbitration and Conciliation Act, 1996, and binding on heirs and successors.

6 Apr 2021

The appeal arose from the dismissal of a petition under Section 11 of the Arbitration and Conciliation Act, 1996, filed before the High Court of Delhi...

Supreme Court

Supreme Court Allows Appeal of Foreign Company in Arbitration Dispute — Holds That Foreign Award Cannot Be Challenged Under Section 34 of Arbitration Act. Challenge to Foreign Award Lies Only Under Sections 47-48 for Enforcement, Overruling Bombay High Court's Reliance on Bhatia International.

26 Nov 2020

The appellant, Noy Vallesina Engineering SpA (now Noy Ambiente S.p.a), an Italian company, challenged a judgment of the Bombay High Court which held t...

Supreme Court

Supreme Court Dismisses Appeal Against Arbitral Award in Licence Agreement Dispute, Upholds Damages for Use and Occupation. Court holds that even if relationship is treated as tenancy, tenant is liable for rent/damages during closure period under Section 108 of Transfer of Property Act.

1 Oct 2020

The dispute arose from two licence agreements dated 27.08.1990 between the appellants (M/s Arun Kumar Kamal Kumar & Ors.) and the respondents (M/s Sel...

Supreme Court

Supreme Court Dismisses Section 11 Petition for Appointment of Arbitrator in Favor of ICC Arbitration Under Umbrella Agreement. Disputes arising from multiple purchase orders and a pricing agreement are governed by the arbitration clause in the umbrella agreement, not individual purchase orders.

16 Sep 2020

The case involves a dispute between Balasore Alloys Limited (petitioner/applicant) and Medima LLC (respondent) arising from a business transaction for...

Supreme Court

Supreme Court Enforces Foreign Award in Two-Tier Arbitration — Holds ICC Award Enforceable Despite Prior Indian Award. Two-Tier Arbitration Clause Valid Under Indian Law; Natural Justice Opportunity Afforded to Respondent.

2 Jun 2020

The dispute arose from a contract between Centrotrade Minerals and Metals Inc., a US corporation, and Hindustan Copper Ltd. (HCL) for the sale of copp...

Supreme Court

Supreme Court Upholds Arbitral Award in Contract Dispute Over 'Change in Law' Clause — High Court Exceeded Jurisdiction Under Section 37 of Arbitration Act. Interpretation of contractual clause by Arbitral Tribunal was plausible and not perverse, hence not liable to be set aside under Section 34.

11 May 2020

The Supreme Court allowed the appeal filed by South East Asia Marine Engineering and Constructions Ltd. (SEAMEC Ltd.) against the judgment of the Gauh...

Supreme Court

Supreme Court Upholds Enforcement of Foreign Award Against NAFED in Groundnut Export Dispute — Government Refusal Does Not Excuse Breach Under FOSFA Contract. The court held that a canalizing agency cannot rely on its own lack of permission as a force majeure event under Clause 14 of the FOSFA 20 Contract, and enforcement of the award is not against public policy despite procedural irregularities.

22 Apr 2020

The case involves a dispute between National Agricultural Cooperative Marketing Federation of India (NAFED), a canalizing agency for the Government of...

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