Search Results for "Arbitral Tribunal Jurisdiction"

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Search Results for "Arbitral Tribunal Jurisdiction"

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High Court

Bombay High Court Allows Section 11 Petition for Appointment of Arbitrator Despite Dispute Resolution Clause Providing for Commissioner's Decision and Government Appeal. Clause 16 of Agreement Stating Governance by Arbitration and Conciliation Act, 1996 Constitutes Arbitration Agreement, and Withdrawal of Previously Constituted Tribunal Due to Allegations Necessitates Fresh Appointment.

3 Aug 2010

The applicant, Shri Sai Trading Company, a partnership firm, entered into an agreement dated 27th April 2006 with the respondent, Sangli Miraj & Kupwa...

High Court

Bombay High Court Allows Appointment of Arbitrator in Software Implementation Dispute. Section 11(6) of Arbitration and Conciliation Act, 1996 invoked due to respondent's failure to appoint arbitrator under agreement dated 30 October 2015.

30 Nov 2018

The applicant, SAP India Private Limited, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment o...

High Court

Bombay High Court Upholds Majority Arbitral Award in Share Subscription Dispute — Put Option and Performance Clause Enforceable Despite Foreign Investment Regulations. The court dismissed a challenge under Section 34 of the Arbitration and Conciliation Act, 1996, holding that the award did not contravene FEMA or SEBI regulations and was not against public policy.

11 Dec 2018

This judgment by the Bombay High Court deals with two connected arbitration petitions arising from a share subscription and shareholders agreement dat...

High Court

Bombay High Court Dismisses Challenge to Arbitral Award in Steel Coils Supply Dispute — Non-Conforming Goods Justify Rejection and Damages. The court upheld the arbitral award granting damages for breach of contract where goods did not meet specifications under the contract for sale of goods.

20 Aug 2014

The petitioner, JSW Steel Ltd., challenged an arbitral award dated 28th May 2013 under Section 34 of the Arbitration and Conciliation Act, 1996. The d...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in NIFTY Trade Dispute. Court upholds arbitral tribunal's finding that petitioners failed to prove unauthorized trade and that credit note was accepted without objection.

11 Feb 2010

The petitioners, Intex Financial Services Pvt. Ltd. and its director Dinesh Mehta, filed a petition under Section 34 of the Arbitration and Conciliati...

High Court

Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award for Breach of Cotton Supply Contract. Court Holds That District Court Exceeded Its Jurisdiction Under Section 34 by Reappreciating Evidence and Interfering with Arbitrator's Findings on Factual Issues.

20 Apr 2016

The appellant, M/s. Gill & Company Pvt. Ltd., filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging the judgment...

High Court

Bombay High Court Grants Interim Relief to Franchisee in IPL Termination Dispute. Court restrains BCCI from terminating franchise agreement and issuing fresh tender pending arbitration, holding that prima facie case and balance of convenience favor the franchisee.

18 Oct 2012

The petitioner, Deccan Chronicle Holdings Ltd. (DCHL), was the successful bidder for the Hyderabad franchise of the Indian Premier League (IPL) and en...

High Court

Bombay High Court Dismisses Appeal Against Single Judge's Ruling on Lack of Jurisdiction in Section 34 Petition — Seat of Arbitration Determines Exclusive Jurisdiction Under Section 2(1)(e) of Arbitration and Conciliation Act, 1996.

22 Jul 2013

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court, who held that the court had no jurisdiction to entertain a petiti...

High Court

Bombay High Court Allows Appeal Against Rejection of Section 34 Petition by City Civil Court, Holding City Civil Court is Not a 'Court' Under Section 2(1)(e) of Arbitration Act. The Court set aside the order and remanded the matter for fresh consideration by the proper court.

2 Mar 2012

The appellant, a share broker, purchased 100 shares of Odyssey Technology Limited on behalf of a client. The shares were sent for registration but onl...

High Court

Bombay High Court Dismisses Challenge to Arbitral Award in Stock Trading Dispute — No Interference Under Section 34 of Arbitration Act as Award Not Found to be Patently Illegal or Contrary to Public Policy. The court upheld the arbitrator's findings that the respondent was entitled to recover the amount due from the petitioner for squared-off positions, rejecting the petitioner's counterclaim.

17 Sep 2012

The petitioner, Kritika Nagpal, appointed the respondent, Geojit Financial Services Ltd., to effect transactions on the Futures & Options Segment of t...

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