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Search Results for "arbitrator substitution"

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High Court

Bombay High Court Sets Aside Arbitral Award for Patent Illegality in Rejecting Claims as Non-Arbitrable. Court holds that incorporation of general conditions of contract from main contract into subcontract must be explicit and clear, and that a clause requiring pre-arbitral notification cannot bar arbitration of claims not notified if the clause is not part of the subcontract.

5 Feb 2019

The case involves a challenge to an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. The petitioner, Khurana Constructio...

High Court

High Court of Bombay Determines Validity of Arbitrator's Interim Order Under Section 37 of Arbitration Act in MAPA Escrow Dispute. The Court Examines Whether the Order Preventing Parties from Proceeding Before Escrow Agents Was Justified.

4 Sep 2006

The High Court of Bombay, in an arbitration petition under Section 37 of the Arbitration and Conciliation Act, 1996, considered a challenge to an inte...

Supreme Court

Supreme Court Allows Appeal in Arbitration Jurisdiction Dispute, Reversing High Court's Return of Petition. Designated Seat of Arbitration at Srinagar Determines Supervisory Jurisdiction Under Section 34 of Jammu & Kashmir Arbitration and Conciliation Act, 1997, Irrespective of Venue at New Delhi Where Proceedings Were Conducted and Award Rendered.

15 Apr 2026

The appeal arose from a High Court order that returned a petition filed under Section 34 of the Jammu & Kashmir Arbitration and Conciliation Act, ...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that where requests for arbitration were made before the Amendment Act, 2015 came into force, the pre-amended provisions apply, and the High Court must respect the agreed procedure for appointment of arbitrator under Clause 64(3) of GCC.

29 Mar 2019

The Supreme Court considered a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6)...

High Court

Bombay High Court Dismisses Petition to Set Aside International Arbitral Award for Lack of Jurisdiction — Seat of Arbitration in London, Not Mumbai. The court held that Part I of the Arbitration and Conciliation Act, 1996 applies only to arbitrations seated in India, and since the arbitration clause specified London as the seat with English law, Indian courts have no jurisdiction.

4 Jan 2010

The petitioner, J. S. Ocean Liners Inc., a US company, entered into a Charter Party contract with the respondent, S.K. Shipping (Singapore) Pte Limite...

High Court

Bombay High Court Partially Allows Appeal Against Arbitral Tribunal's Interim Order in Commercial Arbitration Dispute. Court upholds Tribunal's power to grant interim relief under Section 17 of Arbitration and Conciliation Act, 1996, but modifies order to balance interests of both parties.

25 Feb 2019

The judgment arises from two commercial arbitration petitions filed by Mahaguj Collieries Limited (the petitioner) under Section 37 of the Arbitration...

High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Contract Dispute — Upholds Award on Most Claims but Sets Aside Interest Rate. Dispute arose from delays in crude distribution system project; court held that arbitrator's findings on delay and damages were not perverse but interest rate of 18% was excessive and reduced to 9%.

30 Oct 2015

The petitioner, Indian Oil Corporation Ltd., challenged an arbitral award dated 30 June 2005 under Section 34 of the Arbitration and Conciliation Act,...

High Court

Bombay High Court Allows Appeal Against Arbitral Award in Construction Dispute — Award Set Aside for Violation of Natural Justice and Non-Consideration of Evidence. The court held that denial of cross-examination and failure to consider electronic evidence under Section 65B of the Evidence Act, 1872, renders an arbitral award patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

29 Apr 2016

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, against an arbitral award passed by a sole arbitrator. The...

High Court

Bombay High Court Dismisses Petition to Set Aside Arbitral Award in Construction Dispute — No Grounds for Interference Under Section 34 of Arbitration and Conciliation Act, 1996. Court held that the arbitral tribunal's interpretation of contractual clauses was plausible and not patently illegal.

30 Nov -0001

The petitioner, Maharashtra State Road Development Corporation Ltd., entered into a contract with the respondent, Jai Laxmi Constructions Engineers An...

High Court

Bombay High Court Partly Allows Arbitration Petitions Challenging Award on Family Settlement MOU — Upholds Arbitrator's Findings on Interpretation of MOU Clauses but Sets Aside Award on Certain Claims as Beyond Scope of Reference.

6 May 2015

The judgment arises from two arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a sole arbitrator's awa...

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