Search Results for "Arbitral Tribunal Jurisdiction"

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Bombay High Court Dismisses Appeal Against Arbitral Award in Stevedoring Contract Dispute — No Interference Under Section 37 of Arbitration Act. Court upholds award of damages for breach of contract and interest, finding no patent illegality or perversity in arbitrator's findings.

The appeal arises from a judgment of a learned Single Judge of the Bombay High Court dismissing Arbitration Petition No. 18 of 2003 under Section 34 o...

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Bombay High Court Allows Appellant to Invoke Bank Guarantee in Arbitration Dispute Over Supply Contract. Court Permits Receipt of Amount Subject to Undertaking to Repay with Interest at 12% per Annum if Arbitral Tribunal Orders.

The appellant, Rashtriya Chemicals & Fertilizers Ltd., a Government of India Undertaking, placed a purchase order on 8 November 2011 with the responde...

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Bombay High Court Allows Withdrawal of Appeal in Arbitration Dispute Over Share Delivery — Respondent's Opposition on Grounds of Hardship Not Sustained. Court Permits Withdrawal Without Prejudice to Respondent's Rights Under the Award and Pending Proceedings.

The present appeal was filed under Section 37 of the Arbitration and Conciliation Act, 1996, challenging a judgment of a Single Judge dated 2 February...

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High Court of Judicature at Bombay Upholds Arbitral Award in Favor of Oil Corporation in Kerosene Supply Contract Dispute. Arbitrator Had Rejected Limitation Defense Under Contractual Clause and Held Clause Not Void Under Section 28 of Indian Contract Act.

The matter arose from an arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996, filed by the original respondent in the ...

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Bombay High Court Allows Appointment of Arbitrator Despite Prior Award Being Set Aside — Arbitration Clause Survives. The court held that the setting aside of an award does not render the arbitration clause inoperative under Section 11 of the Arbitration and Conciliation Act, 1996.

The applicant, M/s. Associated Constructions, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment...

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Supreme Court Dismisses Railways' Appeals Against Appointment of Independent Arbitrator in Contract Disputes. Failure to Appoint Arbitrator Within 60 Days Forfeits Railways' Right Under Clause 64 of GCC.

The Supreme Court dismissed two appeals filed by the Union of India (Railways) against the judgments of the Delhi High Court appointing independent ar...

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Bombay High Court Partially Allows Challenge to Arbitral Award in Contract Dispute Over Dewatering Claims. Court sets aside majority award's rejection of dewatering claim for additional stretch, remits for fresh consideration.

The Petitioner, an Austrian contracting company, challenged a majority arbitral award dated 11 July 2007 that dismissed its claim for payment of dewat...