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Madras High Court Considers Application to Vacate Section 9 Interim Injunction in Scrap Contract Dispute. Jurisdictional Objection Based on Seat of Arbitration at Bhavnagar, Gujarat, and Allegations of Suppression of Material Facts Raised.

The case involved an application under Section 9 of the Arbitration and Conciliation Act, 1996 before the Madras High Court. The applicants, M/s.Gosea...

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High Court of Karnataka Allows Writ Petition Challenging Execution of Arbitral Award Without Decree — Arbitral Award Cannot Be Executed Directly Under Section 38 CPC Without Prior Decree Under Section 36 of Arbitration Act.

The petitioner, Sri Chandrashekhar, was the judgment debtor in execution proceedings before the Principal District and Sessions Judge, Mysore. The dec...

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Bombay High Court Sets Aside Arbitral Interim Order Restraining Non-Compete Beyond Contract Term. Arbitrator erred in treating Joint Venture Company as partnership and enforcing non-compete clause beyond its stipulated duration under Section 17 of the Arbitration and Conciliation Act, 1996.

The Commercial Arbitration Petition No.25 of 2021 was filed by Elster Instromet B.V. (Instromet) challenging an order dated 09/10/2020 passed by the A...

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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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High Court of Judicature at Bombay Decides Challenge to Arbitral Award in Reclamation Work Contract Dispute. Petition Filed Under Section 34 of the Arbitration and Conciliation Act, 1996 Seeking to Set Aside Award for Alleged Procedural Irregularities.

The petition was filed under Section 34 of the Arbitration and Conciliation Act, 1996 by the Board of Trustees of Jawaharlal Nehru Port Trust challeng...