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Supreme Court Dismisses Section 11 Petition for Appointment of Arbitrator in International Commercial Arbitration Dispute. Seat of Arbitration Held to be Dubai, UAE, Not India, Based on Express Terms of Distributorship Agreement.

The present petition was filed under Section 11(6)(a) read with Section 11(12)(a) of the Arbitration and Conciliation Act, 1996, seeking appointment o...

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Bombay High Court Dismisses Appeals in International Commercial Arbitration Dispute Over Applicability of Part-I of Arbitration Act. Part-I of Arbitration and Conciliation Act, 1996 Held Inapplicable Where Parties Chose Mumbai as Venue for Convenience but Arbitration Governed by ICC Rules.

The case involves two appeals arising from a judgment of a Learned Single Judge of the Bombay High Court dismissing a petition filed by Konkola Copper...

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Supreme Court Constitution Bench Examines Applicability of Part I of Arbitration Act, 1996 to Foreign-Seated Arbitrations. Reference Arises from Conflicting Views in Bhatia International and Venture Global Engineering.

The Supreme Court of India, by a reference order dated 16 January 2008, directed the listing of Civil Appeal No. 7019 of 2005 and connected matters be...

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Bombay High Court Dismisses Section 9 Petition in International Commercial Arbitration with Foreign Seat. Court holds that Part I of Arbitration Act, 1996 does not apply where seat of arbitration is outside India, and no interim relief can be granted under Section 9.

The petitioner, BG Strategic Advisors, LLC, a Florida corporation, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, see...

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Bombay High Court Dismisses Suit for Lack of Jurisdiction Due to Exclusive Jurisdiction Clause in Favor of London Courts. Contractual Clause Ousting Jurisdiction of Indian Courts Upheld Where Parties Agreed to English Law and Exclusive Jurisdiction of London Courts.

The plaintiff, LSI Logistic Shipping International S.A., a company incorporated under the laws of Luxembourg, filed a commercial suit against the defe...

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Bombay High Court Allows Section 11 Applications in International Commercial Arbitration — Habitual Residence Determined at Time of Agreement. Applicant Residing in UAE at Time of Agreement Held to be Habitually Resident Outside India Under Section 2(1)(f)(i) of Arbitration and Conciliation Act, 1996.

The judgment concerns three arbitration applications filed under Section 11 of the Arbitration and Conciliation Act, 1996, by Aslam Ismail Khan Deshmu...

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Supreme Court Dismisses Petition for Appointment of Arbitrator in International Commercial Arbitration Dispute — Seat of Arbitration Determined as Hong Kong Based on Clause 17.2 of MoU.

The petitioner, Mankastu Impex Private Limited, an Indian company, and the respondent, Airvisual Limited, a Hong Kong company, entered into a Memorand...

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Bombay High Court Enforces Foreign Arbitral Award in Favour of Assignee Under Part II of Arbitration and Conciliation Act, 1996. Assignment of Contractual Rights and Arbitration Agreement Valid Under Sudanese Law; Respondent's Public Policy Challenge Rejected.

The petitioner, Neilan International Co Ltd, a Sudanese company, sought enforcement of a foreign arbitral award dated 27 September 2018 passed by the ...