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 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 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...

Supreme Court

Supreme Court Allows Appeal on Arbitrator Fees: NHAI's Revised Fee Schedule Prevails Over Fourth Schedule of Arbitration Act. The court held that arbitrator fees fixed by agreement are binding and that the Fourth Schedule does not override such agreement, but the fee schedule is subject to revision by subsequent policy circulars.

10 Jul 2019

The Supreme Court dealt with two appeals concerning arbitrator fees in contracts with the National Highways Authority of India (NHAI). In Civil Appeal...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Construction Contract Dispute — Holds That Arbitral Tribunal Erred in Rejecting Claims Without Proper Consideration of Contractual Provisions and Evidence. The court found that the tribunal's interpretation of the price variation clause, extra items, and compensation for delay was perverse and contrary to the plain language of the contract, warranting interference under Section 34 of the Arbitration and Conciliation Act, 1996.

17 Jan 2019

The petitioner, Chenab Bridge Project Undertaking, a joint venture contractor, was awarded a construction contract by the respondent, Konkan Railway C...

High Court

Bombay High Court Allows Section 11(6) Application and Appoints Sole Arbitrator in Property Sale Dispute. Arbitration clauses in MOU and Agreement for Sale held prima facie valid, and dispute referred to arbitration despite respondent's objection regarding non-signing of agreement.

7 Aug 2023

The applicant, Bhupinder Singh Balwant Singh, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointm...

High Court

Bombay High Court Sets Aside Arbitral Award for Non-Consideration of Counter Claim in NSEIL Dispute. Failure to consider counter claim amounts to legal misconduct and violation of natural justice under Section 34 of the Arbitration and Conciliation Act, 1996.

18 Sep 2012

The petitioner, Rajendra A. Shah (H.U.F.), a constituent, challenged an arbitral award dated 17th February 2009 passed by the Arbitral Tribunal consti...

High Court

Bombay High Court Allows Appeal Against Arbitrator's Jurisdictional Award Under Section 37(2)(a) of Arbitration Act — District Judge's Order Dismissing Appeal as Not Maintainable Set Aside. An order of the arbitrator under Section 16 of the Arbitration and Conciliation Act, 1996 accepting a plea of lack of jurisdiction is an award and is appealable under Section 37(2)(a) of the Act.

10 Sep 2018

The petitioner, M/s Chandan Builders, a partnership firm, entered into an agreement with the respondent, Union of India, which contained an arbitratio...

High Court

Bombay High Court Dismisses Appeal by Guarantor in Cooperative Bank Arbitration Dispute. Signing of Loan Form 'k' Confers Jurisdiction on Arbitral Tribunal Under Section 84 of Multi-State Cooperative Societies Act, 2002.

23 Jan 2014

The appellant, Prakash Vrundavan Thakkar, challenged the judgment and order dated 8th November 2012 passed by the learned Principal District Judge at ...

High Court

Bombay High Court Allows Appointment of Arbitrator in Sub-Contract Dispute Over Excavation Work — Rejects Objection on Limitation and Non-Existence of Dispute. Court holds that existence of arbitration clause and failure of respondent to pay amounts due constitutes a dispute, and limitation is a mixed question of fact for the arbitrator.

26 Jul 2022

The applicants, Vishwajit Sud & Co. and Vishwajit Infrastructure Pvt. Ltd., filed two applications under Section 11 of the Arbitration and Conciliatio...

High Court

High Court of Judicature at Bombay Adjudicates Application for Appointment of Arbitrator Under Section 11 of the Arbitration and Conciliation Act, 1996. The Dispute Involves a Loan Agreement and Seeks Resolution Through Arbitration.

22 Apr 2025

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