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Search Results for "arbitral tribunal jurisdiction"

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High Court

High Court Dismisses Railway's Challenge to Arbitral Award in Favour of Contractor for Replacement of OHE Structures. Arbitral Tribunal's findings on mutual defaults and rejection of counter claims upheld as not perverse or illegal.

29 Jan 2015

The Petitioner, Chief Electrical Traction Engineer, Western Railways (Union of India), challenged an arbitral award dated 1 March 2011 passed by the A...

High Court

Bombay High Court Dismisses Review Petition in Arbitration Matter — No Error Apparent on Face of Record in Limitation Finding. Court holds that review jurisdiction under Section 114 CPC and Order 47 Rule 1 is limited to errors apparent on record, not re-appreciation of evidence.

4 Apr 2013

The review petition was filed by Hindustan Construction Co. Ltd. (the original respondent no.1 in Arbitration Appeal No. 6 of 2007) seeking review of ...

High Court

High Court of Bombay Dismisses Broker's Challenge to Arbitral Award in Client Dispute Over Delay Paying Charges. Unilateral Charging of 2% Daily Interest Without Specific Agreement or Proof of Loss Held Unconscionable and Not Enforceable Under Section 34 of Arbitration and Conciliation Act, 1996.

7 Mar 2012

The case involves a dispute between Sharekhan Limited, a trading member/broker of the Bombay Stock Exchange (BSE), and Nita Thakkar, a client. The bro...

High Court

Bombay High Court Upholds Arbitrator's Refusal of Interim Relief in Shareholder Dispute — Term Sheet Not a Binding Arbitration Agreement. Court holds that a Term Sheet containing an arbitration clause does not constitute a binding arbitration agreement under Section 7 of the Arbitration and Conciliation Act, 1996, as it was subject to a definitive agreement and the parties did not intend to be bound by the arbitration clause at the pre-contractual stage.

19 Dec 2023

The case involves a dispute between Max Healthcare Institute Limited (Petitioner) and Touch Healthcare Private Limited & Ors. (Respondents) arising ou...

High Court

Bombay High Court Allows Appeal Against Appointment of Arbitrator Without Consent — Consent of All Parties Required for Substitution of Arbitrator Under Section 15 of Arbitration and Conciliation Act, 1996. The court set aside the order appointing a substitute arbitrator as the appellant's consent was not obtained, holding that substitution without consent is invalid under Section 15 of the Arbitration and Conciliation Act, 1996.

14 Sep 2016

The appellant, Sachin C. Shah, challenged an order dated 06/05/2015 passed by a learned Single Judge of the Bombay High Court. The dispute arose from ...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Case — High Court's Referral to Arbitration Set Aside for Lack of Arbitration Agreement. Court holds that under Section 11(6A) of the Arbitration and Conciliation Act, 1996, the court must confine itself to examining the existence of an arbitration agreement and cannot refer disputes to arbitration where no valid arbitration clause exists between the parties.

12 May 2023

The Supreme Court considered appeals against a common judgment of the Delhi High Court which had referred disputes to arbitration and appointed a sole...

High Court

Gujarat High Court Dismisses Appeal by Northern Railways Challenging Arbitral Award in Solar Power Plant Contract Dispute. Court Holds That No Grounds Under Section 34 of the Arbitration and Conciliation Act, 1996 Were Established as the Award Was Based on Evidence and a Plausible Interpretation of the Contract.

16 Mar 2026

The case involves an appeal by Northern Railways against the dismissal of its application under Section 34 of the Arbitration and Conciliation Act, 19...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Sponsorship Dispute — Holds Arbitrator Exceeded Jurisdiction by Awarding Interest Without Agreement and Rejecting Counterclaim Without Proper Consideration. The court found that the arbitrator's award of interest at 18% per annum was contrary to the Deal Memo which provided for interest at 18% per annum only after 30 days of default, and that the rejection of the counterclaim for damages due to alleged breach of exclusivity was not supported by reasons.

17 Dec 2014

The petitioner, Rashmi Housing Private Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitr...

High Court

Bombay High Court Dismisses Petition Challenging Execution Court Orders in Arbitral Award Enforcement — Calculation of Amount Payable Under Award Upheld

20 Dec 2021

The Petitioner, Konkan Railway Corporation Pvt. Ltd., a public sector undertaking, awarded a construction contract to the Respondent, M/s. B. T. Patil...

High Court

Bombay High Court Dismisses ONGC's Challenge to Arbitral Award in Casing Pipes Supply Dispute. Liquidated Damages Deduction Set Aside as No Actual Loss Proven Under Section 74 of the Indian Contract Act, 1872.

25 Mar 2011

The case involves a dispute between Oil and Natural Gas Corporation Limited (ONGC), the petitioner, and Oil Country Tubular Limited, the respondent, a...

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