Search Results for "Non-arbitrable issues"

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Search Results for "Non-arbitrable issues"

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Supreme Court

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

18 Jul 2024

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

Supreme Court

Supreme Court Allows Appeal in Arbitration Reference Case — Licence Agreement Contained Valid Arbitration Clause for Disputes Arising from Termination and Recovery of Possession. The Court held that the arbitration clause survived termination and that the Commercial Court erred in refusing reference under Section 8 of the Arbitration and Conciliation Act, 1996.

23 Apr 2023

The Supreme Court considered appeals against a common judgment of the Gujarat High Court dismissing First Appeals filed by the appellant against order...

Supreme Court

Supreme Court Upholds NCLT Order Dismissing Insolvency Petition and Directs Arbitration in Share Conversion Dispute - Dispute over conversion formula for preference shares under share subscription agreements held arbitrable, with no default established under Section 7 of Insolvency and Bankruptcy Code, 2016, due to ongoing negotiations and arbitration clause enforcement.

26 Mar 2021

The dispute originated from share subscription and shareholders' agreements dated 2007-2008 and supplemental agreements dated 2013-2017, where Kotak I...

Supreme Court

Supreme Court Appoints Arbitrator in International Commercial Arbitration Involving Sub-Lease Dispute — Holds That Lease Disputes Under Transfer of Property Act Are Arbitrable. The Court ruled that disputes arising from a sub-lease deed governed by the Transfer of Property Act, 1882 are arbitrable, and since the petitioner is a foreign national, the Supreme Court has jurisdiction to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.

18 Dec 2020

The petitioner, Suresh Shah, a Kenyan national and habitual resident of Nairobi, Kenya, filed a petition under Section 11(5) of the Arbitration and Co...

High Court

Bombay High Court Dismisses Employer's Petition to Refer Industrial Dispute to Arbitration — Industrial Disputes Under I.D. Act Are Not Arbitrable. The court held that disputes under Section 33(C)(2) of the Industrial Disputes Act, 1947 for recovery of wages cannot be referred to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996.

20 Nov 2012

The petitioner, Kingfisher Airlines Limited, a public limited company in the air transport industry, filed three writ petitions challenging the reject...

High Court

Bombay High Court Allows Appointment of Arbitrator in Software Implementation Dispute. Section 11(6) of Arbitration and Conciliation Act, 1996 invoked due to respondent's failure to appoint arbitrator under agreement dated 30 October 2015.

30 Nov 2018

The applicant, SAP India Private Limited, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment o...

Supreme Court

Supreme Court Dismisses Appeals in Arbitration Appointment Dispute Under Arbitration and Conciliation Act, 1996. The Court upheld the High Court's appointment of an arbitrator under Section 11, finding no error in notice service and that arbitrability issues should be decided by the Arbitral Tribunal first, with pending Section 34 petition addressing objections.

2 Feb 2022

The dispute arose from three partnership firms involving the appellant, respondent no.1, and other respondents, with identical facts across cases. Res...

High Court

Bombay High Court Allows Appointment of Arbitrator in Commodity Exchange Dispute. Arbitration clause in agreement between stock exchange and metal exchange provides for reference of disputes to arbitration under the Arbitration and Conciliation Act, 1996.

18 Apr 2013

The applicant, National Commodity and Derivatives Exchange Ltd. (NCDEL), a stock exchange, filed an application under Section 11 of the Arbitration an...

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