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Search Results for "arbitrator ineligibility"

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High Court

Bombay High Court Dismisses Petition to Replace Arbitrator in Arbitration Dispute — Past Legal Representation Does Not Attract Seventh Schedule Ineligibility. Court holds that past representation of affiliates as counsel does not constitute current representation or business relationship under Items 1 and 2 of Seventh Schedule of Arbitration and Conciliation Act, 1996.

4 Feb 2025

The petitioner, Priyanka Communications India Pvt, filed a petition under Sections 12, 13, and 14 of the Arbitration and Conciliation Act, 1996, seeki...

High Court

High Court of Bombay Hears Commercial Arbitration Appeal on Arbitrator Ineligibility Under Section 12(5) of Arbitration and Conciliation Act. Consent to Appointment of Managing Director as Sole Arbitrator Raises Question of Waiver and Patent Illegality.

21 Apr 2025

The dispute arose from an agreement dated 30 October 2013 between the appellant, a contractor, and the respondent, a private limited company engaged i...

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 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

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...

Supreme Court

Supreme Court Dismisses Municipal Corporation's Appeal in Arbitration Case Upholding Arbitral Award. Challenge to Tribunal's Constitution Fails as 30-Day Appointment Period in Arbitration Agreement is Directory, Not Mandatory, Under Sections 16, 34, and 37 of the Arbitration and Conciliation Act, 1996.

11 Mar 2026

The dispute originated from a consultancy agreement dated 18 September 1995 between the Municipal Corporation of Greater Mumbai (MCGM) and Respondent ...

High Court

High Court of Karnataka Allows Substitution of Arbitrator in CPWD Contract Dispute, Holding Retired Departmental Officers Ineligible Under Amended Arbitration Act. Court Appoints Former Judge as Sole Arbitrator to Resolve Multiple Contractual Disputes Arising from Six Construction Agreements.

19 Sep 2019

The dispute arose from six separate construction contracts awarded by the Central Public Works Department (CPWD) to M/s Sri Krishna Shelters Pvt. Ltd....

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...

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

High Court of Karnataka Disposes Four Civil Miscellaneous Petitions Filed Under Sections 11(6) and 12 of the Arbitration and Conciliation Act, 1996 Seeking Appointment of Substitute Arbitrator. Petitioners Contended That Arbitrators Appointed by CPWD Were Ineligible Under Section 12(5) for Want of Mandatory Consent.

19 Sep 2019

The petitioners, M/s. Sri Krishna Shelters Pvt. Ltd., were awarded six construction contracts by the Central Public Works Department (CPWD) for works ...

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