Search Results for "Arbitration clause"

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High Court Appoints Arbitrator in Dispute Under Arbitration and Conciliation Act, 1996 After Previous Arbitrator's Withdrawal Due to Ill Health

The High Court of Bombay heard two commercial arbitration applications filed by Applicants seeking appointment of an arbitrator under Section 11 of th...

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High Court Dismisses Petitioner Petition to Set Aside Arbitral Award in Contract Dispute -- Lien Claim Rejected Due to Non-Compliance with Notice Requirements Under IRS Terms

The High Court of Judicature at Bombay dismissed an arbitration petition filed by Union of India to set aside an arbitral award that directed payment ...

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Supreme Court Resolves Arbitration Jurisdiction Conflict in Partnership Dispute -- High Court Contradictory Orders on Arbitration Agreement Validity Set Aside -- Civil Suit Directed to Proceed for Determination of Admission Deed Validity

The Supreme Court resolved conflicting High Court orders regarding arbitration in a partnership dispute where the existence of the arbitration agreeme...

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High Court Appoints Arbitrator and Grants Interim Relief in Loan Default Case Under Arbitration and SARFAESI Acts. Applicant Secures Protection for Mortgaged Property in Dispute with Respondents

The High Court of Bombay heard two connected applications filed by Tata Capital Housing Finance Limited against Inderjeet Sahni and others. The first ...

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High Court Dismisses Developer's Petition for Interim Relief and Arbitrator Appointment in Redevelopment Dispute -- Section 9 and Section 11 of Arbitration Act Applications Denied

The High Court dismissed both petitions filed by Petitioner against Respondents -- The Petitioner sought interim measures under Section 9 of the Arbit...

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Supreme Court Sets Aside NCDRC Order : No Privity of Contract Between Parties, Respondent Not a ‘Consumer’ Under Consumer Protection Act, 1986. Court Holds No Tripartite Agreement Proven, Respondent Not Entitled to Compensation Under Consumer Protection Act, 1986

Privity of Contract Essential for Consumer Status: The Court reiterated that for a person to qualify as a ‘consumer’ under the CPA, t...

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Arbitration Award Upheld on Waste Collection Contract Dispute. High Court Upholds Arbitral Award on Price Escalation, Waste Segregation, and Jurisdiction in Municipal Waste Management Contract

Arbitration Jurisdiction – The High Court held that the arbitration clause in the original contract covered the Ghansoli Area, which was later merg...

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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 Quashed Criminal Proceedings Against Non-Executive Directors, Reaffirming Vicarious Liability Principles Under Negotiable Instruments Act, 1881

Non-Executive Directors Cannot Be Held Liable Under Section 138 Read with Section 141 of the Negotiable Instruments Act, 1881 Without Specific Allegat...

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Bombay High Court — Section 11 of the Arbitration and Conciliation Act, 1996 — Whether a limited liability partnership (LLP) not being a signatory to the LLP Agreement can still be made a party to arbitration proceedings arising out of the agreement.

a) An LLP, though not a signatory, is inherently connected to the LLP Agreement and its arbitration clause. b) The LLP’s operations and the partners...