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Search Results for "arbitrator bias"

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High Court

Bombay High Court Examines Section 34 Petitions Challenging Conflicting Stock Exchange Arbitral Awards. Court Focuses on Whether Same Arbitrator's Contradictory Findings on Identical Facts Vitiated Awards Under Arbitration and Conciliation Act, 1996.

16 Sep 2025

Three petitions under Section 34 of the Arbitration and Conciliation Act, 1996 were heard together by the High Court of Judicature at Bombay, challeng...

High Court

Bombay High Court Dismisses Petitions Challenging Arbitrator Appointment in BPCL Dispute — No Bias Found in Sole Arbitrator Being an Employee of the Respondent Company. The court held that mere employment does not create automatic disqualification under Section 11 of the Arbitration and Conciliation Act, 1996, and petitioners failed to show actual bias.

30 Nov -0001

The judgment concerns five arbitration petitions filed by different companies (Faridabad Metal Udyog Pvt. Ltd., Hindustan Wires Limited Ltd., Universa...

High Court

Bombay High Court Allows Appointment of Neutral Arbitrator in Railway and Airport Authority Contracts — Unilateral Appointment Clause Invalid. Arbitration clause providing for appointment by General Manager or officer of the same entity violates Section 12(5) of Arbitration and Conciliation Act, 1996.

27 Mar 2024

The judgment concerns three matters: two arbitration applications and one arbitration petition, all raising a common question about the validity of ar...

High Court

Bombay High Court Sets Aside Arbitral Award Due to Arbitrator Disqualification in Multi-State Cooperative Dispute. Failure to Disclose Bias and Withdrawal from Similar Matters Constitutes Grounds for Setting Aside Under Section 34 of Arbitration and Conciliation Act, 1996.

11 Jun 2012

The petitioner, The Saraswat Cooperative Bank Ltd., filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, chal...

Supreme Court

Supreme Court Allows Appeal in Arbitration Case Due to Arbitrator's Failure to Disclose Conflict of Interest. Arbitrator's prior role as counsel for a party in another case raised justifiable doubts about impartiality under Section 12 of the Arbitration and Conciliation Act, 1996.

24 Jul 2019

The case arises from a dispute between Vinod Bhaiyalal Jain and others (appellants) and Wadhwani Parmeshwari Cold Storage Pvt. Ltd. (respondent) regar...

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 ...

High Court

Bombay High Court Allows Enforcement of Foreign Arbitral Award in Investment Dispute — Rejects Bias Challenge Based on Non-Disclosure. Failure to disclose by arbitrator does not automatically render award contrary to public policy under Section 48(2)(b) of Arbitration and Conciliation Act, 1996; respondents waived objection by participating in arbitration without raising issue.

25 Apr 2023

The petitioner, HSBC PI Holdings (Mauritius) Limited, sought enforcement of a foreign arbitral award against the respondents, Avitel Post Studioz Limi...

Supreme Court

Supreme Court Allows State's Appeal in Arbitration Appointment Dispute — ICA's Substitution of State's Nominee Arbitrator Held Unjustified. Section 15(2) of the Arbitration and Conciliation Act, 1996 Requires Substitute Arbitrator to Be Appointed Per Original Procedure; Former Employee Not Disqualified Per Se.

3 Jan 2019

The Supreme Court allowed the appeal filed by the Government of Haryana against the order of the Punjab and Haryana High Court, which had dismissed th...

High Court

Bombay High Court Dismisses Petition to Remove Arbitrator in Arbitration Dispute. Relationship Between Arbitrator and Law Firm Representing Party Does Not Automatically Disqualify Under Section 12(5) of Arbitration Act.

2 Mar 2017

The petitioner, Sheetal Maruti Kurundwade, filed a petition under Section 9 and Sections 12(3) and 12(5) of the Arbitration and Conciliation Act, 1996...

High Court

Bombay High Court Allows Appointment of Independent Arbitrator in Municipal Contract Dispute — Commissioner Disqualified Due to Justifiable Bias. Section 11(6) of Arbitration and Conciliation Act, 1996 invoked as named arbitrator was a party to the agreement.

28 Jan 2011

The petitioner, Solutions Advertising, entered into an agreement with the Thane Municipal Corporation on 19 September 2008 to construct 298 bus shelte...

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