Search Results for "arbitral tribunal jurisdiction"

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Bombay High Court Allows Section 11 Petition and Appoints Arbitrator Despite Stamp Duty Objection. Court holds that existence of arbitration agreement is a prima facie matter at Section 11 stage, and stamp duty is for arbitrator to decide.

The Petitioner, Coastal Marine Construction and Engineering Limited, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 s...

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Bombay High Court Dismisses Appeal Against Section 9 Interim Relief in Foreign Award Enforcement. Court Confirms Injunction Restraining Alienation of Helicopter Pending Enforcement of Singapore Award Under Part II of Arbitration Act, 1996.

The respondent, Aircon Feibars FZE, obtained a foreign award in Singapore on 25 January 2017 for approximately US$7 million (Rs.46 Crores) against the...

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Bombay High Court Dismisses Suit for Declaration of Title and Possession in Property Dispute Between Brothers. Consent Decree and Subsequent Transfers Bar Reopening of Title Under Section 9A CPC.

The plaintiff, Naresh Lachmandas Aswani, filed a suit against his brother Haridas (defendant no.1) and two companies (defendant nos.2 and 3) seeking a...

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Bombay High Court Dismisses Arbitration Petition as Time-Barred Under Section 34(3) of Arbitration and Conciliation Act, 1996 — Corrigendum to Award Does Not Extend Limitation Period for Challenging Original Award

The petitioners, Karuppiah Mahalingam and others, had availed a loan against mortgaged property from Kotak Mahindra Bank Limited. They defaulted on re...

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Bombay High Court Dismisses Appeal Against Arbitral Award in Railway Contract Dispute — Clause 17(iii) Bars Compensation for Delay. Contractor's Claims for Under-Utilisation of Labour, Overhead Charges, and Loss of Profits Rejected Due to Express Contractual Prohibition.

The case involves an appeal by M/s. Bombay Railways Engineering Co. against the General Manager, Central Railway, arising from a challenge to an arbit...

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Madras High Court Dismisses Appeal Against Arbitral Award in Power Supply Agreement Dispute — Abrupt Stoppage of Power Constitutes Breach. The Court upheld the arbitrator's award of damages and interest, finding no patent illegality under Section 34 of the Arbitration and Conciliation Act, 1996.

The appellant, OPG Power Generation Pvt. Ltd., was the supplier of electricity under a power supply agreement dated 18.04.2018 with the respondent, Sh...