Search Results for "section 34"

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Search Results for "section 34"

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High Court

Bombay High Court Partially Sets Aside Arbitral Award in Construction Dispute — Award of Interest on Interest and Pendente Lite Interest on Mobilisation Advance Held Contrary to Contract. The court found patent illegality in the award of compound interest and interest on mobilisation advance beyond contractual terms, and remitted counter claims for fresh consideration.

13 Aug 2015

The petitioner, M/s P.N. Writer & Co. Pvt. Ltd., challenged an arbitral award dated 13 February 2012 under Section 34 of the Arbitration and Conciliat...

High Court

Bombay High Court Allows Contractor's Appeal in ONGC Arbitration Dispute Over Conversion Rate for Reimbursement of Spares and Consumables. Court Holds That Arbitral Tribunal's Determination of Conversion Rate Was Not Patently Illegal and Did Not Warrant Interference Under Section 34 of the Arbitration and Conciliation Act, 1996.

31 Jul 2015

The case involves two appeals arising from a common order dated 19 September 2005 passed by a learned Single Judge of the Bombay High Court under Sect...

High Court

Bombay High Court Partially Allows Petition Under Section 34 of Arbitration Act, 1996, Setting Aside Part of Arbitral Award for Being Contrary to Public Policy. Court holds that arbitrator cannot award interest on interest (compound interest) unless specifically agreed, and that claims barred by limitation cannot be awarded.

29 Jul 2015

The petitioner, Rajesh Pravinchandra Rajyagor, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitra...

High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Pipeline Project Dispute — Interest Modified to Simple Interest. The court held that pre-reference interest was not permissible under the contract and compound interest was contrary to the agreement, modifying the award to simple interest at 18% per annum from the date of the award.

28 Jul 2015

The petitioner, Hindustan Petroleum Corporation Limited (HPCL), challenged an arbitral award dated 21 February 2012 under Section 34 of the Arbitratio...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award Under Section 34 of Arbitration Act — Service of Notice at Old Address Valid Despite Change of Address Not Communicated to Respondent. The court held that a party who changes its address must communicate the change to the other party, and failure to do so renders service at the old address valid.

21 Jul 2015

The petitioner, Asset International (a division of Aptech Ltd.), filed a petition under Section 34 of the Arbitration & Conciliation Act, 1996 challen...

High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Franchise Dispute — Upholds Award on Refund of Security Deposit and Interest but Sets Aside Award on Loss of Profit and Other Claims. Court holds that arbitrator's findings on breach of contract and damages were perverse and contrary to terms of franchise agreement.

14 Jul 2015

The petitioner, Kuoni Travels (India) Pvt. Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbit...

High Court

Bombay High Court Dismisses BCCI's Challenge to Arbitral Award in Media Rights Dispute. Court upholds arbitrator's finding that termination of Media Rights License Agreement was illegal and that Nimbus Communications was entitled to damages.

7 Jul 2015

The petitioner, Board of Control for Cricket in India (BCCI), filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challen...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Partnership Dispute — No Grounds for Interference Under Section 34 of Arbitration and Conciliation Act, 1996. Arbitrator's Findings of Fact Are Final and Not Re-Examinable Under Section 34.

26 Jun 2015

The petitioners, Dr. Dhiren Lalit Shah and others, filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, chall...

High Court

Bombay High Court Dismisses Appeal by Union of India Against Arbitral Award in Contract Dispute. Court Upholds Arbitrator's Interpretation of 'Fall Clause' in Repeat Order for Supply of PSC Sleepers Under Section 34 of Arbitration and Conciliation Act, 1996.

26 Jun 2015

The case involves an appeal by the Union of India (Central Railway) against an order of a learned Single Judge dismissing its challenge under Section ...

High Court

Bombay High Court Partially Allows Section 34 Petition Against Arbitral Award in Commodity Trading Dispute — Holds That Arbitral Tribunal Erred in Rejecting Claim for Unauthorized Trades Without Considering Evidence of Unauthorized Transactions.

9 Jun 2015

The petitioner, Mrs. Kaberi Mondal, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging portions of an arbitr...

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