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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 Construction Contract Dispute — Interest Rate Reduced from 18% to 12% per annum. Arbitrator's Award of Interest at 18% Held to be Excessive and Not in Accordance with Contractual Stipulation of 12% under Section 31(7)(a) of the Arbitration and Conciliation Act, 1996.

13 Feb 2019

The case involves an arbitration petition filed by the Municipal Corporation of Greater Mumbai (Petitioner) challenging an arbitral award passed by a ...

High Court

Bombay High Court Dismisses Appeal for Delay in Arbitration Matter — Limitation Act Applies to Appeals Under Section 37 of Arbitration and Conciliation Act, 1996. Delay of 60 Days Not Condoned as No Sufficient Cause Shown; Article 116 of Limitation Act Prescribes 90-Day Limitation for Appeals Against Orders Under Section 34.

12 Oct 2012

The case involves a Notice of Motion filed by Oil & Natural Gas Corporation Ltd. (ONGC) seeking condonation of a 60-day delay in filing an appeal unde...

High Court

High Court of Karnataka Dismisses Appeal Against Arbitral Award in Construction Dispute — No Interference Under Section 34 of Arbitration Act as Award Not Perverse or Contrary to Public Policy. Court upholds commercial court's refusal to set aside award, finding no grounds under Section 34 of the Arbitration and Conciliation Act, 1996.

17 Apr 2021

The Union of India, represented by the Executive Engineer of the Central Public Works Department, filed an appeal under Section 13(1A) of the Commerci...

High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Insurance Dispute — Floater Policy Interpretation Upheld. Court remits issue of loss assessment for reconsideration under Section 34 of Arbitration and Conciliation Act, 1996.

30 Oct 2015

The petitioner, M/s. Boghara Polyfab Private Limited, had obtained a Fire and Special Perils Policy from the respondent, National Insurance Company Li...

High Court

High Court of Bombay Hears Challenge to Arbitral Award in Film Distribution Agreement Dispute. Petition under Section 34 of the Arbitration and Conciliation Act, 1996 arises from termination of agreement over alleged plagiarism and failure to deliver a film.

11 Jul 2018

The petition under Section 34 of the Arbitration and Conciliation Act, 1996, was filed by Reliance Media Works Limited (formerly Adlabs Films Ltd.) ag...

High Court

Bombay High Court Dismisses Petition Challenging Interim Arbitral Award in Loan Dispute. Court upholds arbitrator's power to pass interim award under Section 31(6) of Arbitration and Conciliation Act, 1996 for admitted liability of Rs.100 crores.

23 Jun 2016

The petitioners, Deccan Chronicle Holdings Limited and Mr. T. Venkatram Reddy, filed a petition under Section 34 of the Arbitration and Conciliation A...

Supreme Court

Supreme Court Sets Aside High Court Order Condoning Delay in Arbitration Challenge. Limitation Period Under Section 34(3) of Arbitration and Conciliation Act, 1996 Held Absolute and Not Extendable Beyond 30 Days.

16 Dec 2021

The appellant, Mahindra and Mahindra Financial Services Ltd., had provided a loan to the respondent, Maheshbhai Tinabhai Rathod, for purchase of tract...

High Court

Bombay High Court Dismisses Revision Application Challenging Execution of Arbitral Award, Rejecting Argument that Only Debt Recovery Tribunal Had Jurisdiction. Arbitral Award for Loan Recovery Upheld as Respondent Finance Company Not Notified as Financial Institution Under Section 2(h) of Recovery of Debts Due to Banks and Financial Institutions Act, 1993, and Therefore Section 18 Did Not Oust Arbitrator's Jurisdiction.

2 Aug 2011

The dispute arose when the petitioners borrowed money from the respondent and failed to repay, leading the respondent to invoke arbitration under the ...

High Court

Bombay High Court Dismisses Petition Challenging Foreign Award for Lack of Jurisdiction — Seat of Arbitration Determined as London, Not India. Parties' Choice of English Law and London Arbitration Excludes Indian Courts' Supervisory Jurisdiction Under Section 34 of the Arbitration and Conciliation Act, 1996.

15 Nov 2011

The petitioner, Sakuma Exports Ltd., a Mumbai-based company, entered into a contract dated 12 January 2010 with the respondent, Louis Drefus Commoditi...

High Court

High Court of Bombay at Aurangabad Allows Civil Revision Application in Arbitration Matter — Section 34 Application Maintainable Only Before Court Having Jurisdiction Over Arbitration. Territorial jurisdiction for setting aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 is determined by the court which would have jurisdiction over the arbitral proceedings, not the place of business of the award-holder.

21 Nov 2013

The petitioner, M/s Bhandari Udyog Limited, a company based in Raichur, Karnataka, entered into a contract with the second respondent, Indira Sahakari...

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