Search Results for "Arbitration agreement enforceability"

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Upholding Autonomy Amidst Settlement Disputes Exploring Legal Principles and Precedents in Arbitration Law

This Judgment pertains to a legal discussion surrounding arbitration under the Arbitration and Conciliation Act, 1996, particularly focusing on the re...

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Supreme Court Clarifies Jurisdiction in International Arbitration Agreements. Supreme Court Rules on Applicability of Indian Law and Jurisdiction in Cross-Border Arbitration Disputes

Governing Law of Arbitration Agreement: The Court applied the three-step test from Sulamérica Cia Nacional De Seguros S.A. v. Enesa Engenharia S.A....

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Supreme Court Allows Appeal of Foreign Company in Arbitration Dispute — Holds That Foreign Award Cannot Be Challenged Under Section 34 of Arbitration Act. Challenge to Foreign Award Lies Only Under Sections 47-48 for Enforcement, Overruling Bombay High Court's Reliance on Bhatia International.

The appellant, Noy Vallesina Engineering SpA (now Noy Ambiente S.p.a), an Italian company, challenged a judgment of the Bombay High Court which held t...

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Supreme Court Allows Appointment of Arbitrator in Government Contract Dispute Despite Non-Exhaustion of Pre-Arbitration Procedure. Party Autonomy and Minimal Judicial Intervention Upheld Under Section 11 of the Arbitration and Conciliation Act, 1996.

The appellant, Hindustan Construction Company Ltd., was awarded a contract by the respondent, Bihar Rajya Pul Nirman Nigam Ltd. (BRPNNL), on 04.03.201...

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Bombay High Court Dismisses Arbitration Petition for Appointment of Arbitrator in Family Property Dispute — No Arbitration Agreement Exists Between Parties. Will Clause Cannot Substitute Arbitration Agreement Under Section 7 of Arbitration and Conciliation Act, 1996.

The petitioner, Mrs. Padmini Chandran Menon, filed an Arbitration Petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking app...

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Bombay High Court Enforces Foreign Arbitral Award in Agency Dispute — Award Declared Enforceable as Decree. Foreign Award Under Sections 46-49 of Arbitration & Conciliation Act, 1996 Upheld as No Grounds for Refusal Under Section 48 Established.

The petitioner, Mitsui OSK Lines Ltd., a Japanese shipping company, filed a petition under Sections 46 to 49 of the Arbitration and Conciliation Act, ...

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Supreme Court Allows Appeal in Arbitration Dispute: MP Act, 1983 Not Applicable Where Arbitration Clause Exists. Jurisdictional Objection Cannot Be Raised for First Time Under Section 34 of Arbitration and Conciliation Act, 1996.

The appeal arises from a judgment of the Madhya Pradesh High Court affirming the setting aside of an arbitral award under Section 34 of the Arbitratio...