Search Results for "Arbitrability"

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Search Results for "Arbitrability"

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High Court

Bombay High Court Dismisses Appeals Against Setting Aside of Arbitral Awards for Lack of Concluded Contract. Joint Exploration Agreement Held Not Binding as Conditions Precedent Not Fulfilled, Resulting in No Valid Arbitration Agreement.

16 Oct 2019

The case involves appeals by Hindustan Petroleum Corporation Ltd. and Prize Petroleum Company Ltd. (appellants) against M3nergy Sdn. Bhd. (respondent)...

High Court

High Court of Bombay at Goa Reduces Interest Rate from 12% to 9% in Contractor's Recovery Suit Against State. The court held that interest under Section 34 CPC must be reasonable and not excessive, reducing the rate to 9% per annum.

8 Feb 2019

The dispute arose out of a contract awarded by the State of Goa to P.B. Ibrahim, a Class I PWD Contractor, for improvement of riding quality of NH-4A ...

High Court

High Court of Bombay at Goa Partially Allows Contractor's Appeal in Contract Dispute Over Interest and Escalation Claims. Court holds that interest under Section 34 CPC is discretionary and that escalation claims not pleaded cannot be awarded.

8 Feb 2019

The dispute arose out of a contract for improvement of riding quality of NH-4A in Goa awarded by the State of Goa to P.B. Ibrahim, a Class I PWD Contr...

High Court

Bombay High Court Allows Section 8 Application and Appoints Arbitrator in Dispute Over Development Agreements — Arbitration Clause Binding on Non-Signatory Transferee. The court held that a non-signatory who claims through or under a signatory to an arbitration agreement is bound by the arbitration clause, and appointed a retired judge as sole arbitrator.

30 Sep 2014

The judgment concerns two related matters: a Notice of Motion (No. 540 of 2013) in Suit No. 62 of 2013 and an Arbitration Application (No. 86 of 2013)...

High Court

Bombay High Court Allows Appointment of Arbitrator in Railway Land Licence Dispute — Arbitration Clause Survives Termination. The court held that the arbitration clause is independent and not extinguished by termination of the agreement, and appointed a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.

9 Dec 2013

The applicant, M/s Navkar Corporation Limited, entered into a land licence agreement with the respondent, Divisional Railway Manager, Central Railway,...

High Court

Bombay High Court Allows Arbitration Petition Under Section 20 of Arbitration Act, 1940 — Dispute Over Price Variation Clause in Construction Contract Referred to Arbitrator. The court held that the dispute regarding the interpretation of Clause 13.6 of the contract is arbitrable and directed reference to arbitration.

14 Dec 2006

The Hindustan Construction Co. Ltd. (plaintiff) filed an Arbitration Suit under Section 20 of the Arbitration Act, 1940, seeking reference of disputes...

High Court

Bombay High Court Dismisses Challenge to Arbitral Award in Contract Dispute — Indian Oil Corporation Ltd. v. Artson Engineering Ltd. — Court upholds award under Section 34 of Arbitration and Conciliation Act, 1996, finding no grounds for interference as arbitrator's findings were based on evidence and within jurisdiction.

9 Nov 2006

The petitioner, Indian Oil Corporation Ltd., challenged an arbitral award dated 30.6.2005 made by the learned sole Arbitrator, Hon'ble Mr. Justice A.B...

High Court

Bombay High Court Dismisses Union of India's Appeal Against Arbitral Award in Construction Contract Dispute. Court upholds single judge's refusal to set aside award under Section 34 of Arbitration and Conciliation Act, 1996, holding that findings of fact by arbitrator are not open to challenge.

22 Feb 2005

The Union of India (appellant) had invited tenders for construction work, and Moti Enterprises (respondent) was the successful tenderer. The contract ...

High Court

Bombay High Court Allows Amendment of Plaint in Commercial Suit for Recovery of Demurrage and Other Charges — Amendment Sought to Include Additional Claims and Correct Description of Vessel. Court Held That Amendment Does Not Introduce New Cause of Action and Is Necessary for Determination of Real Controversy.

30 Nov -0001

The present application was filed by the plaintiff, Indian Oil Corporation Limited, seeking amendment of the plaint in a commercial suit for recovery ...

High Court

Bombay High Court Allows Arbitration Petitions in Shareholder Dispute Over Appointment of Arbitrator. Court Appoints Sole Arbitrator to Adjudicate Disputes Arising from Share Subscription and Shareholders' Agreement.

30 Nov -0001

The judgment concerns four arbitration petitions filed under Section 11 of the Arbitration and Conciliation Act, 1996, arising out of disputes between...

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