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Search Results for "arbitration mandate"

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High Court

Bombay High Court Terminates Arbitrator Mandate Due to Expiry of Time Limit Under Arbitration Clause — Failure to Complete Arbitration Within Stipulated Period Results in Termination of Arbitrator's Authority. The court held that the mandate of the arbitrator stood terminated under Section 14(2) of the Arbitration and Conciliation Act, 1996, as the arbitration was not completed within the time limit prescribed in clause 21 of the agreement.

1 Mar 2012

The petitioner, Teltech Instrumentation Pvt. Ltd., filed an arbitration petition under Section 14(2) of the Arbitration and Conciliation Act, 1996, se...

High Court

Bombay High Court Allows Termination of Arbitrator's Mandate for Lack of Section 21 Notice and De Jure Ineligibility Under Section 12 of Arbitration Act. The court held that a valid Section 21 notice is mandatory for commencement of arbitration and that an arbitrator must disclose circumstances affecting independence, failing which the mandate can be terminated.

9 Jan 2023

The applicants, Sanjeev Kumar Kailash Prasad Agarwalla and Maya Sanjeev Kumar Agarwalla, filed two applications under Section 11(5) read with Sections...

High Court

ARBITRATION PETITION NO. 56 OF 2013

4 Apr 2013

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High Court

Bombay High Court Allows Termination of Arbitral Tribunal Mandate Due to Inordinate Delay in Proceedings — Appoints Retired Judge as Sole Arbitrator Under Sections 14 and 15 of Arbitration and Conciliation Act, 1996. The court held that failure of the arbitral tribunal to commence hearings for over seven years constituted failure to act without undue delay, justifying termination of mandate and substitution of arbitrator.

20 Jul 2015

The petitioner, Simplex Infrastructures Limited, filed an arbitration petition under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996,...

High Court

High Court of Bombay Allows Section 11 Application for Appointment of Fresh Arbitrator After Termination of Previous Arbitrator's Mandate Due to Expiry of Agreed Six-Month Period. Consent Minutes Separating Arbitration Agreement from Specific Appointment Survived Termination, Thus New Arbitrator Appointed.

27 Apr 2012

The applicant, Oaks Management Consultancy Pvt. Ltd., and respondent, Worldwide Media Pvt. Ltd., were parties to a company petition for winding up und...

High Court

Bombay High Court Dismisses Petition to Terminate Arbitrator's Mandate for Alleged Undue Delay in Arbitration Proceedings. Section 14(2) of Arbitration and Conciliation Act, 1996 requires de jure inability to act, not mere delay, for termination of mandate.

2 Aug 2016

The petitioners, Ramavtar B. Jajodia and Santosh Ramavtar Jajodia, filed a petition under Section 14(2) of the Arbitration and Conciliation Act, 1996,...

High Court

Bombay High Court Dismisses Petition to Terminate Arbitrator's Mandate in Commercial Dispute — No Justifiable Doubts as to Independence or Impartiality Established. The Court held that the petitioner failed to establish any justifiable doubts regarding the arbitrator's independence or impartiality, and that the petitioner had waived its right to object by participating in the proceedings without objection.

17 Jan 2023

The petitioner, Quess Corp, filed a petition under Section 14 of the Arbitration and Conciliation Act, 1996, seeking termination of the mandate of the...

High Court

Bombay High Court Allows Termination of Arbitrator's Mandate Under Section 14 of Arbitration and Conciliation Act, 1996 for De Facto Inability to Perform Functions. Arbitrator's Order Returning Statement of Claim and Rejecting Application for Termination of Mandate Set Aside as Without Jurisdiction.

27 Jul 2016

The petitioner, Amar Tea Distributors, a partnership firm, entered into a Distributor Agreement with the respondent, Coca-Cola India Pvt. Ltd., on 7th...

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...

Supreme Court

Supreme Court Allows Contractor's Appeal in Arbitration Dispute Over Arbitrator's Post-Retirement Mandate. Construction contract arbitration clause did not terminate arbitrator's mandate upon retirement, and respondents' participation waived objection to continuation under Indian Arbitration Act, 1940.

20 Sep 2021

The dispute originated from a construction contract dated 06.02.1988 between M/s Laxmi Continental Construction Co. and the State of U.P., involving e...

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