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Search Results for "arbitrator discretion"

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Supreme Court

Supreme Court Upholds Arbitrator's Award in Contract Dispute Over Final Bill Claims. Court Held That Arbitrator's Consideration of Vitiating Factors and Contract Clauses Was Permissible Under Arbitration and Conciliation Act, 1996, Despite Prohibition on Further Claims in Clauses 65 and 65A.

23 Mar 2023

The dispute arose from a contract dated 02.07.2001 for repair works, with time extended to 19.01.2002. The respondent contractor submitted a final bil...

Supreme Court

Supreme Court Allows Appeal in Arbitration Clause Validity Dispute Under Lease Agreement. The arbitration clause designating the lessee's Managing Director as sole arbitrator is upheld as valid under the Arbitration and Conciliation Act, 1996, absent contravention of public policy.

1 Feb 2022

The Supreme Court heard appeals by Indian Oil Corporation Limited against a judgment of the Bombay High Court. The dispute arose from a lease agreemen...

High Court

Bombay High Court Dismisses Appeal Against Order Refusing Interim Relief in Share Dispute — No Prima Facie Case for Injunction Against EGM and Share Transfer. Court held that balance of convenience did not favour restraining the holding company from exercising its voting rights and that the appellants failed to establish a strong prima facie case for the relief sought.

13 Feb 2019

The case involves a dispute between the appellants (Ravi Arya, Nakul Arya, Sushma Arya, Varun Arya, and Ravi Arya HUF) and the respondents, including ...

High Court

High Court of Bombay Dismisses Union of India's Challenge to Arbitral Award in Railway Contract Dispute — Waiver and Estoppel Bind Railways to Pay for Additional Supplies. Court holds that directions to continue production beyond contractual variation limits and acceptance of supplies with 90% payment constitute waiver, precluding denial of payment under Section 34 of Arbitration and Conciliation Act, 1996.

18 Jan 2019

The Union of India (Petitioner) challenged an arbitral award passed by a sole arbitrator in a dispute arising out of a works contract for manufacture ...

High Court

High Court of Bombay at Nagpur Partly Allows Appeal by Employer in Arbitration Matter — Reduces Interest Rate from 18% to 12% per annum. The court upheld the arbitral award on merits but modified the interest component, holding that 18% interest was excessive under Section 29 of the Arbitration Act, 1940.

8 May 2015

The appellants, Central Mine Planning & Design Institute Ltd., a Union of India undertaking, had invited tenders for construction work. The respondent...

High Court

Bombay High Court Partially Allows BSNL's Challenge to Arbitral Award in Advertisement Contract Dispute — Reduces Interest Rate from 24% Compound to 18% Simple. The court held that an arbitral award granting 24% compound interest per annum is exorbitant and contrary to public policy under Section 34 of the Arbitration and Conciliation Act, 1996, and reduced it to 18% simple interest.

5 Jan 2015

The petitioner, Bharat Sanchar Nigam Ltd. (BSNL), a statutory body, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, c...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Section 34 Petition in Arbitration Dispute Over Bridge Construction. Arbitral Award Upheld as Not Contrary to Public Policy Under Section 34 of Arbitration and Conciliation Act, 1996.

8 Feb 2013

The appellant, Konkan Railway Corporation Limited (owner), entered into a contract with the respondent, M/s. Oriental Construction Company Limited (co...

High Court

Bombay High Court Dismisses Challenge to Arbitrator's Interim Order in Copyright License Dispute — Balance of Convenience and Irreparable Loss Considered. The court upheld the arbitrator's order restraining the petitioner from exploiting films and directing delivery of materials, finding no perversity or jurisdictional error under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996.

30 Jan 2013

The petitioner, Moser Baer Entertainment Limited, filed a petition under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996, challenging a...

High Court

High Court of Bombay Dismisses Section 34 Petition Challenging Arbitral Award in Construction Dispute — No Ground for Interference Made Out. Arbitrator's findings on facts and law are final unless perverse or contrary to public policy; reappreciation of evidence not permissible under Section 34 of Arbitration and Conciliation Act, 1996.

6 Feb 2012

The petitioner, M/s. Shah Jagshi Jethabhai, a construction firm, challenged an arbitral award dated 16 January 2009 passed by a sole arbitrator under ...

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 ...

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