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Search Results for "foreign arbitration award"

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High Court

Bombay High Court Allows Appointment of Neutral Arbitrator in Railway and Airport Authority Contracts — Unilateral Appointment Clause Invalid. Arbitration clause providing for appointment by General Manager or officer of the same entity violates Section 12(5) of Arbitration and Conciliation Act, 1996.

27 Mar 2024

The judgment concerns three matters: two arbitration applications and one arbitration petition, all raising a common question about the validity of ar...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in International Commercial Arbitration for Violation of Natural Justice and Patent Illegality. The court found that the arbitrator relied on unproved documents and denied adequate opportunity to the petitioner, warranting setting aside of the award under Section 34 of the Arbitration and Conciliation Act, 1996.

13 Jan 2023

The petitioner, Thomas Cook (India) Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral a...

High Court

High Court Appoints Arbitrator in Contract Dispute Between Power Solutions Company and Electricity Supply Company. Petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 allowed due to failure of respondent to appoint arbitrator as per clause 4.1 of contract agreement dated 28.03.2018.

21 Apr 2022

The petitioner, M/s Nsure Reliable Power Solutions Pvt Ltd, a private limited company engaged in infrastructure business, participated in a tender flo...

High Court

Bombay High Court Enforces Foreign Arbitral Award in Helicopter Charter Dispute, Rejects Public Policy and Unjust Enrichment Challenges. Award directing payment of USD 6,563,700 and SGD 775,462.28 upheld as not contrary to Indian public policy under Section 48 of the Arbitration and Conciliation Act, 1996.

17 Feb 2022

The petitioner, Aircon Beibars FZE, a UAE company engaged in aircraft leasing, and the respondent, Heligo Charters Private Limited, an Indian helicopt...

High Court

Bombay High Court Upholds Arbitral Award in Price Escalation Dispute Under FIDIC Contracts — Formula Interpretation Not Permissible When Language Is Clear. Court holds that a price escalation formula in a contract, being a mathematical expression, cannot be interpreted or varied by an arbitrator if its terms are unambiguous.

31 Mar 2017

The judgment concerns two arbitration petitions arising from contracts between the Municipal Corporation of Greater Mumbai and two contractors, M/s. A...

High Court

Bombay High Court Enforces Foreign Arbitral Award in Favor of Award Holder Against Award Debtor. Court Rejects Objections Under Section 48 of Arbitration and Conciliation Act, 1996 for Non-Compliance, Incapacity, Natural Justice, and Public Policy.

15 Sep 2014

The case concerns the enforcement of a foreign arbitral award dated 17th January, 2011 passed in London, UK, in favor of Vitol S.A. (the award holder)...

High Court

Bombay High Court Dismisses Section 9 Petition in International Commercial Arbitration with Foreign Seat. Court holds that Part I of Arbitration Act, 1996 does not apply where seat of arbitration is outside India, and no interim relief can be granted under Section 9.

6 Nov 2012

The petitioner, BG Strategic Advisors, LLC, a Florida corporation, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, see...

High Court

Bombay High Court Dismisses Application to Strike Off Defence in Foreign Award Enforcement Proceedings. Security Deposit Condition Not a Bar to Defend Petition on Merits Under Order 39 Rule 11 CPC and Section 49 of Arbitration and Conciliation Act, 1996.

4 Oct 2012

The petitioners, Pacific Basin Handymax (UK) Ltd., filed a Notice of Motion under Order 39 Rule 11 of the Code of Civil Procedure, 1908, seeking to st...

High Court

High Court Dismisses Petition Challenging Majority Arbitral Award in Maritime Demurrage Dispute — Claim Time-Barred Under Charterparty Clause 24. The court upheld the majority arbitrators' finding that the demurrage claim was received beyond the 45-day period stipulated in clause 24 of the Tanker Voyage Charterparty, and thus the claim was time-barred.

4 Jan 2012

The petitioner, Axios Navigation Co. Ltd., a shipowner, challenged a majority arbitral award dated 18 August 2008 passed by a three-member Arbitral Tr...

High Court

Bombay High Court Allows Referral of Admiralty Suit to Arbitration Under Section 45 of Arbitration and Conciliation Act, 1996 — Arbitration Agreement Enforceable Despite Admiralty Claim. The court held that the existence of an arbitration agreement between parties mandates referral of the dispute to arbitration, and the admiralty suit cannot proceed in court.

6 Jul 2005

The judgment concerns two arbitration petitions filed under Section 45 of the Arbitration and Conciliation Act, 1996, seeking referral of an admiralty...

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