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Search Results for "Substitution of arbitrator"

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High Court

High Court of Karnataka Dismisses Petition Challenging Arbitrator's Appointment Under Section 11 of Arbitration Act — No Grounds for Termination Under Section 14(1)(a) Established. The Court held that allegations of bias and procedural irregularities do not constitute de jure inability under Section 14(1)(a) of the Arbitration and Conciliation Act, 1996, and that writ jurisdiction is not maintainable when alternative remedies exist.

17 Jun 2026

The petitioner, Mr. Nikhil Thaker, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at...

Supreme Court

Supreme Court Allows Substitution of Arbitrator in Partnership Dispute — High Court Erred in Extending Mandate Without Considering Incapacity. Section 29A(6) of Arbitration and Conciliation Act, 1996 cannot be used to extend mandate of an arbitrator who has become de jure unable to perform his functions.

10 Dec 2025

The appeals arose from a partnership dispute between the appellants (husband and wife) and the respondents. A partnership deed dated 18.05.1992 contai...

High Court

Bombay High Court Answers Reference on Jurisdiction for Extension of Arbitral Mandate Under Section 29-A of the Arbitration and Conciliation Act, 1996 — Principal Civil Court of Original Jurisdiction is the Appropriate Forum. The Court held that applications under Section 29-A(4) lie before the principal Civil Court of original jurisdiction in the district, not the High Court, unless the High Court has ordinary original civil jurisdiction.

7 Aug 2024

The Bombay High Court at Goa, in a reference made by a learned Single Judge, addressed the question of which court has jurisdiction to entertain an ap...

High Court

Bombay High Court Terminates Arbitrator's Mandate for Failure to Render Award and Excessive Fees — Substitute Arbitrator Appointed Under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996. The Court held that failure to render award within reasonable time and demanding excessive fees constitute failure to act under Section 14(1)(a) of the Act.

16 Apr 2019

The petitioner, Parekh Industries Limited, filed a petition under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996, seeking terminatio...

High Court

High Court of Karnataka Dismisses Petition Under Section 11(4) of Arbitration Act for Appointment of Arbitrator When Tribunal Already Constituted. Petition Under Section 11(4) Not Maintainable Once Arbitral Tribunal is Constituted; Remedy Lies Under Section 15 of the Act for Substitution of Arbitrator.

7 Apr 2017

The petitioner, Transparent Energy Systems Pvt. Ltd., filed a Civil Miscellaneous Petition under Section 11(4) of the Arbitration and Conciliation Act...

High Court

Bombay High Court Allows Appeal Against Appointment of Arbitrator Without Consent — Consent of All Parties Required for Substitution of Arbitrator Under Section 15 of Arbitration and Conciliation Act, 1996. The court set aside the order appointing a substitute arbitrator as the appellant's consent was not obtained, holding that substitution without consent is invalid under Section 15 of the Arbitration and Conciliation Act, 1996.

14 Sep 2016

The appellant, Sachin C. Shah, challenged an order dated 06/05/2015 passed by a learned Single Judge of the Bombay High Court. The dispute arose from ...

High Court

Bombay High Court Allows Substitution of Arbitrator in Arbitration Dispute Over Shareholder and Trademark Agreements — Termination Orders Set Aside for Violation of Natural Justice. The court held that the arbitral tribunal failed to provide reasonable opportunity before terminating its mandate under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996, and appointed a substitute arbitrator.

11 Aug 2016

The petitioner, The Comedy Store, a UK company, and the respondent, Horseshoe Entertainment & Hospitality Pvt. Ltd., entered into a Share Subscription...

High Court

Bombay High Court Allows Substitution of Arbitrator in Sports Contract Disputes Under Sections 11 and 15(2) of Arbitration Act. Arbitrator's failure to render award within statutory period and subsequent resignation justified substitution despite respondent's objection.

22 Jan 2013

The judgment concerns a group of arbitration applications filed under Section 11 and Section 15(2) of the Arbitration and Conciliation Act, 1996, by s...

High Court

Bombay High Court Allows Petition Under Section 11 of Arbitration and Conciliation Act, 1996 for Appointment of Substitute Arbitrator After Named Arbitrators Refuse to Act. Refusal of Named Arbitrators Does Not Exhaust Arbitration Agreement; Sections 14 and 15 Permit Substitution Unless Contrary Intention Appears.

16 Sep 2010

The petitioners filed an arbitration petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a substitute arbi...

High Court

Bombay High Court Dismisses Challenge to Arbitral Award in Contract Dispute — Indian Oil Corporation Ltd. v. Artson Engineering Ltd. — Court upholds award under Section 34 of Arbitration and Conciliation Act, 1996, finding no grounds for interference as arbitrator's findings were based on evidence and within jurisdiction.

9 Nov 2006

The petitioner, Indian Oil Corporation Ltd., challenged an arbitral award dated 30.6.2005 made by the learned sole Arbitrator, Hon'ble Mr. Justice A.B...

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