Search Results for "arbitrator disqualification"

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Search Results for "arbitrator disqualification"

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High Court

Bombay High Court Dismisses Challenge to Arbitral Award in Electricity Transmission Contract Dispute. Court upholds majority award granting escalation costs and interest to contractor for delays caused by principal.

8 Nov 2019

The petitioner, Maharashtra State Electricity Transmission Co. Ltd., challenged a majority arbitral award dated 6 January 2017 under Section 34 of the...

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...

Supreme Court

Supreme Court Allows Appeal Against High Court Order Appointing Substitute Arbitrator in Contract Dispute. Court Holds That High Court Erred in Terminating Mandate of Arbitrator Appointed by Consent and in Deviating from Arbitration Clause Without Justification.

22 Jan 2019

The appellant, Rajasthan Small Industries Corporation Limited, invited tenders for handling and road transportation of ISO containers and cargo. The r...

Supreme Court

Supreme Court Allows Appointment of Arbitrator in Government Contract Dispute Despite Non-Exhaustion of Pre-Arbitration Procedure. Party Autonomy and Minimal Judicial Intervention Upheld Under Section 11 of the Arbitration and Conciliation Act, 1996.

28 Nov 2025

The appellant, Hindustan Construction Company Ltd., was awarded a contract by the respondent, Bihar Rajya Pul Nirman Nigam Ltd. (BRPNNL), on 04.03.201...

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...

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 Dismisses Appeal Against High Court Order Refusing Termination of Arbitral Tribunal Mandate. Appellant Failed to Demonstrate Bias or Justifiable Doubts Under Section 14 of the Arbitration and Conciliation Act, 1996.

4 Jan 2022

The appellant, a supplier of paper, entered into a contract with the respondent in 1993. Disputes arose regarding payment and quality of supply. The a...

High Court

Bombay High Court Allows Section 11 Application to Appoint Arbitrator in BPCL Contract Dispute — Unilateral Appointment Clause Invalid Under Section 12(5) of Arbitration Act. The court held that an arbitration clause giving one party the sole right to appoint an arbitrator is invalid under Section 12(5) read with the Seventh Schedule of the Arbitration and Conciliation Act, 1996, and appointed an independent arbitrator.

26 May 2017

The applicant, DBM Geotechnics & Constructions Pvt Ltd (DBM), filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, see...

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...

High Court

Bombay High Court Dismisses PIL Challenging Toll Collection on National Highways — Holds Toll Plazas Within Municipal Limits Not Illegal Under NH Act and Rules. Court interprets Rule 9 of National Highways Fee Rules, 2008 as not requiring alternative road for every toll plaza; toll collection upheld as valid fee for highway use.

13 Apr 2017

The Bombay High Court dismissed a batch of public interest litigations and writ petitions challenging the collection of toll on national highways pass...

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