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Bombay High Court Dismisses Section 9 Petition for Lack of Territorial Jurisdiction in International Commercial Arbitration. Parties Impliedly Excluded Part I of Arbitration and Conciliation Act, 1996 by Agreeing to ICC Rules and Zambian Law.

The petitioner, Konkola Copper Mines (PLC), a company registered in Zambia, filed a petition under Section 9 of the Arbitration and Conciliation Act, ...

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Bombay High Court Dismisses Chamber Summons Seeking to Set Aside Consent Terms in Arbitration Petition — Consent Terms Recorded by Court Cannot Be Challenged Under Section 34 of Arbitration and Conciliation Act, 1996.

The applicants, original respondent nos.1 to 5, filed Chamber Summons No.905 of 2013 in Letters Patent Petition No.226 of 2013 and Arbitration Petitio...

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Madras High Court Sets Aside MSME Facilitation Council Award for Lack of Jurisdiction — BSNL Not Liable for Interest Under MSMED Act as Council Had No Territorial Authority Over Dispute Arising from Contract with Chennai Seat of Arbitration.

The petitioner, M/s. Bharat Sanchar Nigam Limited (BSNL), filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging...

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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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Bombay High Court Allows Arbitration Petition Challenging Arbitral Award on Grounds of Patent Illegality and Public Policy. Court sets aside award for ignoring contractual terms and failing to consider counterclaims.

The judgment concerns two arbitration petitions arising out of the same arbitral award. The petitioners (original respondents) challenged the award un...

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Supreme Court Upholds Constitutional Validity of Section 43B(f) of Income Tax Act — Leave Encashment Deduction Allowed Only on Actual Payment. Clause (f) is not arbitrary or violative of Article 14 as it serves a legitimate purpose of preventing abuse and ensuring employee welfare.

The Supreme Court in this appeal considered the constitutional validity of clause (f) of Section 43B of the Income Tax Act, 1961, which was inserted b...