Search Results for "Forum Conveniens"

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Supreme Court Dismisses Section 11 Petition for Appointment of Arbitrator in International Commercial Arbitration Dispute. Seat of Arbitration Held to be Dubai, UAE, Not India, Based on Express Terms of Distributorship Agreement.

The present petition was filed under Section 11(6)(a) read with Section 11(12)(a) of the Arbitration and Conciliation Act, 1996, seeking appointment o...

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Bombay High Court Grants Anti-Suit Injunction Restraining English Proceedings in Breach of Exclusive Jurisdiction Clause. Exclusive jurisdiction clause in EDA held binding despite subsequent MOU; strong cause not shown by defendants.

The Plaintiff, Hansraj Nayyar Medical India, a proprietorship engaged in selling medical products, filed a suit for anti-suit injunction against Smith...

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Supreme Court Dismisses Petition for Appointment of Arbitrator in International Commercial Dispute Due to Lack of Jurisdiction. Indian Courts Lack Supervisory Jurisdiction Over Arbitration Seated in Colombia Governed by Colombian Law.

The petitioner, Disortho S.A.S., a Colombian company, and the respondent, Meril Life Science Private Limited, an Indian company, entered into an Inter...

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Bombay High Court Considers Forum Conveniens Objection in Writ Petition Against Tribunal's Pre-Deposit Waiver Refusal. Developer Challenges Order Requiring Deposit Under Section 43(5) of RERA Act While Flat Purchaser Objects to Principal Seat Jurisdiction.

The writ petition under Articles 226 and 227 of the Constitution challenged the order dated 7 April 2021 of the Maharashtra Real Estate Appellate Trib...

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Bombay High Court Dismisses Husband's Petition Seeking Anti-Suit Injunction Against Wife in Cross-Border Matrimonial Dispute. Family Court's Refusal to Restrain Wife from Pursuing Proceedings in Australia Upheld on Grounds of Comity and Forum Non Conveniens.

The petitioner-husband, Milind Ashok Kalamkar, and the respondent-wife, Sheetal Milind Kalamkar, were married in Mumbai on 30 November 2004 under Hind...

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High Court of Karnataka Allows Transfer of Matrimonial Case from Bagalkot to Jewergi Under Section 24 CPC — Husband's Convenience and Child's Welfare Considered. The court held that the balance of convenience favored transfer to the husband's place of residence, Jewergi, to avoid undue hardship.

The petitioner, Shivangouda, filed a civil petition under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of M.C.No.8/2019 pending b...

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Supreme Court Dismisses Municipal Corporation's Appeal in Arbitration Case Upholding Arbitral Award. Challenge to Tribunal's Constitution Fails as 30-Day Appointment Period in Arbitration Agreement is Directory, Not Mandatory, Under Sections 16, 34, and 37 of the Arbitration and Conciliation Act, 1996.

The dispute originated from a consultancy agreement dated 18 September 1995 between the Municipal Corporation of Greater Mumbai (MCGM) and Respondent ...

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Bombay High Court Dismisses Wife's Application to Stay UK Divorce Proceedings and Grant Anti-Suit Injunction. Court holds that Indian courts cannot restrain a party from pursuing divorce proceedings in a foreign court where the respondent is domiciled and the marriage was not consummated in India.

The plaintiff wife filed a Notice of Motion seeking an ex-parte ad-interim order to stay divorce proceedings initiated by the defendant husband in the...