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Search Results for "arbitral tribunal jurisdiction"

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High Court

Bombay High Court Dismisses Appeal Against Arbitration Award in Property Division Dispute. Power of Attorney Appointing Panchas Held to Be Valid Arbitration Agreement Under Section 7 of Arbitration and Conciliation Act, 1996.

6 Aug 2012

The appeal arose from a decision of a Learned Single Judge dismissing a petition under Section 34 of the Arbitration and Conciliation Act, 1996, chall...

High Court

Bombay High Court Allows Appointment of Sole Arbitrator in Joint Venture Dispute — Arbitration Clause Survives Termination of Agreement. Section 11 of the Arbitration and Conciliation Act, 1996 invoked for disputes arising from Joint Venture Agreement dated 28th March, 2007.

6 May 2022

The applicant, M/s. Atul & Arkade Realty, a partnership firm engaged in real estate development, filed an application under Section 11 of the Arbitrat...

High Court

Bombay High Court Dismisses Section 9 Petition for Interim Relief in Arbitration Dispute Over Roaming Agreement — No Prima Facie Case for Security or Attachment Established. Court held that mere breach of contract does not entitle a party to interim measures under Section 9 of the Arbitration and Conciliation Act, 1996, unless there is a serious dispute and balance of convenience in favor of the applicant.

28 Mar 2012

The petitioner, Vodafone Spacetel Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim measures again...

High Court

High Court of Karnataka Allows Appointment of Independent Arbitrator in Railway Contract Dispute Under Section 11(6) of Arbitration and Conciliation Act, 1996. Unilateral Appointment of Arbitrator by Respondent Held Invalid; Former High Court Judge Appointed as Sole Arbitrator.

8 Dec 2017

The petitioner, M/s. Eagle – MPCC (J.V.), a joint venture company, entered into a contract with the respondent, South Western Railway, on 08/03/2011...

High Court

Bombay High Court Allows Writ Petition Challenging BCCI Disciplinary Committee's Refusal to Recuse Members. Natural Justice Requires Impartial Adjudication; Bias Allegations Against Committee Members Must Be Examined.

15 Sep 2010

The petitioner, Lalit Kumar Modi, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 11th August 2010 of ...

High Court

Bombay High Court Quashes Arbitral Award in Railway Dispute Due to Lack of Reasons and Violation of Natural Justice. Arbitral Tribunal Improperly Relied on Undisclosed CVC Report and Failed to Justify Rejection of Contractor's Claims Under Contractual Note.

25 Apr 2013

The dispute arose from a contract dated 21 March 1986 between East India Construction Company and Union of India through the Chief Engineer (Construct...

High Court

Bombay High Court Dismisses Petition to Restrain Encashment of Bank Guarantees in Arbitration Dispute — No Case of Fraud or Irreparable Injury Established. Court held that bank guarantees are independent contracts and injunction can only be granted in exceptional circumstances of fraud or special equity, which were not made out.

11 Jan 2018

The petitioner, Felguera Gruas India Pvt. Ltd. (FGIPL), filed six arbitration petitions under Section 9 of the Arbitration and Conciliation Act, 1996,...

High Court

Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act in Demurrage Dispute, Upholding Concurrent Findings Below. Clause 10(v) Held to Create Direct Liability for Demurrage, Not Indemnity, and Counterclaim for Option Cargo Damages Rejected.

21 Dec 2016

The dispute arose from a coal supply contract dated 18 September 1999 between the appellant, an Indian company, and the respondent, an Australian comp...

High Court

Bombay High Court Dismisses Arbitration Petition Challenging Award Rejecting Claim for Balance Payment Under Cable Laying Contract. Court Upholds Arbitrator's Findings on Deductions and Lack of Evidence, Holding No Interference Under Section 34 of Arbitration and Conciliation Act, 1996.

10 Jun 2013

The petitioner, M/s. Reunion Engineering Co. Pvt. Ltd., was awarded a contract on 23 January 2002 by the respondent, M/s. Petronet MHB Ltd., to lay ca...

High Court

Bombay High Court Allows Appointment of Arbitrator in Railway Contract Dispute Under Section 11 of Arbitration and Conciliation Act, 1996. Failure of Respondent to Appoint Arbitrator Within 30 Days of Demand Triggers Court's Power to Appoint Arbitrator.

12 Nov 2014

The applicant, M/s. Railtech Infraventure Pvt. Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appoi...

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