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 Dismisses Petition Challenging Arbitral Award in Co-operative Bank Loan Dispute. Court upholds award holding borrowers jointly and severally liable for Rs.9.88 crore with interest under Section 34 of Arbitration and Conciliation Act, 1996.

6 May 2015

The petitioners, Abid & Company Steels Private Limited and its directors, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1...

Supreme Court

Supreme Court Allows Appointment of Arbitrator in Shareholders' Dispute Despite Pending NCLT Proceedings and Prior Arbitral Award. The Court held that under Section 11(6) of the Arbitration and Conciliation Act, 1996, the court should not refuse appointment unless the dispute is ex facie non-arbitrable, and issues of arbitrability should be left to the arbitrator.

4 Nov 2022

The appeal arose from the dismissal of an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 by the Madras High Court. The ...

High Court

Bombay High Court Dismisses Stay Application in Arbitration Award Challenge — No Prima Facie Case Made Out for Unconditional Stay Under Section 36(3) of Arbitration Act. The court held that the applicant failed to demonstrate a prima facie case, balance of convenience, or irreparable loss required for stay of an arbitral award under Section 36(3) of the Arbitration and Conciliation Act, 1996 read with Order XLI Rule 5 CPC.

16 Dec 2016

The applicant, M/s. PFS Shipping (India) Limited, filed a Notice of Motion seeking unconditional stay of an arbitral award dated 30th April 2016, pend...

High Court

Bombay High Court Partially Allows Section 34 Petition Against Arbitral Award in Commercial Supply Dispute — Upholds Award on Unpaid Invoices but Sets Aside Interest Rate. Arbitrator's findings on oral contracts and quantum of supplies upheld as not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

6 May 2015

The petitioner, Royal Palms (India) Private Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an ar...

High Court

Bombay High Court Allows Appeals Against Section 9 Orders in Arbitration Disputes — Interim Relief Set Aside Due to Lack of Urgency and Failure to Seek Enforcement of Mortgage. Court holds that when a creditor has a mortgage over property, the appropriate remedy is to enforce the mortgage rather than seek interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, especially when arbitration proceedings are already pending or an award has been passed.

8 Aug 2013

The appeals arose from a judgment and order of a learned Single Judge dated 5 February 2013, which granted interim relief under Section 9 of the Arbit...

High Court

High Court of Bombay Considers Chamber Summons for Amendment of Execution Application to Enforce Foreign Award Against Additional Respondents. Award Holder Seeks to Hold Associate Companies and Directors Liable for Alleged Asset Stripping to Defeat Award Recovery.

7 Feb 2020

The matter concerned a Chamber Summons filed by the Award Holder in an Execution Application seeking leave to amend the application to enforce a forei...

High Court

High Court of Karnataka Quashes 75% Deposit Condition in Arbitration Award Stay — Section 36(2) of Arbitration Act Does Not Mandate Pre-Deposit. Court holds that Section 36(2) of the Arbitration and Conciliation Act, 1996 does not impose a mandatory pre-deposit condition for stay of an arbitral award, and the trial court erred in imposing 75% deposit without considering the petitioner's financial hardship.

7 Aug 2025

The petitioner, ITI Limited, challenged an order dated 19.04.2025 passed by the LXXXIII Addl. City Civil and Sessions Judge (Commercial Court), Bengal...

High Court

Bombay High Court Dismisses Anti-Suit Injunction Application in International Arbitration Enforcement Dispute. Court holds that Indian courts cannot restrain enforcement of foreign arbitration awards in New York when the award debtor has submitted to the jurisdiction of the foreign court.

2 Feb 2015

The case involves a dispute between E-City Entertainment (I) Pvt. Ltd. (E-City), an Indian company part of the Essel Group, and Imax Corporation (IMAX...

High Court

High Court of Karnataka Allows Petition for Appointment of Arbitrator Under Arbitration and Conciliation Act, 1996, Rejecting MSMED Act Jurisdiction Bar. The court held that Section 18(4) of the Micro, Small and Medium Enterprises Development Act, 2006 does not bar a Section 11 application unless a reference is made to the Facilitation Council, and appointed an arbitrator as per the arbitration clause in the agreement.

9 Feb 2026

The dispute arose from a 'Bizom Customer Agreement' dated 21.02.2023 between the petitioner and respondent, containing an arbitration clause (clause 1...

High Court

High Court Dismisses Review Petition with 1495 Days Delay in Arbitration Appointment Case — No Sufficient Cause Shown for Inordinate Delay.

22 Aug 2019

The present review petition was filed by Electronics & Controls Power Systems Private Limited under Order 47 Rule 1 read with Section 114 of the Code ...

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