Search Results for "Section 12(5)"

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Search Results for "Section 12(5)"

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High Court

High Court Quashes Arbitral Awards in Arbitration Petitions Under Section 34 of Arbitration and Conciliation Act, 1996 Due to Unilateral Appointment of Arbitrator. Unilateral Appointment Renders Arbitrator De Jure Ineligible Under Section 12(5), and Waiver Requires Express Written Agreement After Dispute Arises, Not Mere Participation in Proceedings.

5 Mar 2026

The dispute arose from multiple arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging arbitral awards pass...

High Court

High Court Dismisses State of Goa's Appeal Against Arbitral Award in Bridge Construction Dispute, Upholding Rejection of Objections Under Arbitration and Conciliation Act, 1996

27 Feb 2026

The State of Goa appealed under Section 37 of the Arbitration and Conciliation Act, 1996 against the rejection of its objections under Section 34 of t...

High Court

"Bombay HC Upholds Arbitral Award in Wage Dispute Over Foreclosed Railway Contract" "Conscious Waiver under Section 12(5) Bars Procedural Challenges, Rules High Court."

11 Nov 2024

The case involves Parties, challenging an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, on grounds of alleged bias an...

Supreme Court

"Supreme Court's Landmark Judgment on Arbitrator Appointment in Public-Private Contracts" "Balancing Party Autonomy and Equality in Arbitration Proceedings"

8 Nov 2024

The Supreme Court examined the validity of certain arbitration appointment procedures under the Arbitration and Conciliation Act, 1996. The judgment a...

High Court

High Court Dismisses Transfer Petition of Domestic Violence Proceedings. Magistrate Ordered to Expedite Decision within 60 Days; Husband Directed to Pay Costs

9 Jul 2024

The Applicant-Husband seeks to transfer the D.V. (Domestic Violence) proceedings initiated by the Respondent-Wife from the Metropolitan Magistrate's 1...

Supreme Court

Supreme Court Allows Appeals by Airport Authority in Tender Dispute, Reinstating Eligibility Criteria for Ground Handling Services. The Court Held That Tender Conditions Fall Within Commercial Wisdom of Authority and Are Not Arbitrary, and an NGO Lacks Locus Standi to Challenge Them Under Article 226 of the Constitution of India.

30 Sep 2022

The dispute arose from a writ petition filed by the Centre for Aviation Policy, Safety & Research (CAPSR) challenging the eligibility criteria in Requ...

Supreme Court

Supreme Court Upholds Arbitral Award in Arbitration and Conciliation Act, 1996 Case Involving Breach of Settlement Deed. The Court held that the arbitration qualified as an international commercial arbitration under Section 2(1)(f) and that judicial interference under Section 34 was unwarranted, restoring the award of US$ 1.5 million as liquidated damages for breach of the Deed of Settlement dated 03.01.2011.

10 Nov 2021

The dispute arose from a soured business association between shareholders in Atlas Equifin Private Limited, India, which held shares in Multi Screen M...

Supreme Court

Supreme Court Upholds High Court's Appointment of Arbitrator in Arbitration Dispute Over Distributorship Agreement. The Court affirmed that Section 12(5) of the Arbitration and Conciliation Act, 1996, applies to ensure arbitrator neutrality, overriding prior arbitration clauses that designate potentially biased arbitrators, such as a party's Chairman.

9 Sep 2021

The dispute arose from a distributorship agreement dated March 31, 2015, between Jaipur Zila Dugdh Utpadak Sahkari Sangh Limited (the petitioner) and ...

Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Dispute — CMD's Ineligibility to Act as Arbitrator Renders Appointment Void Ab Initio. Express Agreement in Writing Under Section 12(5) Proviso Must Be Post-Dispute and Cannot Be Inferred from Pre-Dispute Conduct.

10 Apr 2019

The Supreme Court allowed the appeals filed by Bharat Broadband Network Limited (BBNL) against the judgment of the Delhi High Court, which had rejecte...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that pre-amended provisions of the Arbitration and Conciliation Act, 1996 apply to arbitration requests received before 23rd October, 2015, and the High Court must respect the agreed appointment procedure.

29 Mar 2019

The Supreme Court considered a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6)...

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