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Search Results for "survival of arbitration clause"

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High Court

Bombay High Court Allows Appointment of Arbitrator in Development Agreement Dispute — Arbitration Clause Survives Termination. Court held that under Section 11(6) of Arbitration and Conciliation Act, 1996, the arbitration clause is independent and survives termination of the underlying contract, and appointed a sole arbitrator when respondents failed to appoint one.

3 Nov 2025

The applicant, Vardhaman Builders, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbit...

Supreme Court

Supreme Court Allows Appeal in Arbitration Reference Case — Licence Agreement Contained Valid Arbitration Clause for Disputes Arising from Termination and Recovery of Possession. The Court held that the arbitration clause survived termination and that the Commercial Court erred in refusing reference under Section 8 of the Arbitration and Conciliation Act, 1996.

23 Apr 2023

The Supreme Court considered appeals against a common judgment of the Gujarat High Court dismissing First Appeals filed by the appellant against order...

High Court

Bombay High Court Allows Revision Application in Arbitration Clause Survival Case — Civil Court Lacks Jurisdiction Over Disputes Arising from Terminated Leave and Licence Agreement. Arbitration Clause Survives Bilateral Termination of Agreement Under Section 16(1)(a) of Arbitration and Conciliation Act, 1996, Barring Civil Suit for Recovery of Security Deposit.

13 Jul 2018

The case involves a Civil Revision Application filed by the defendant (applicant) against an order of the City Civil Court, Bombay, which dismissed th...

High Court

Bombay High Court Allows Section 11 Petition for Appointment of Arbitrator Despite Pending Summary Suit — Arbitration Clause in MOU Survives Filing of Civil Suit Under Order XXXVII CPC. The court held that the mere filing of a summary suit does not bar the invocation of the arbitration clause, and the arbitrator can decide all disputes including allegations of coercion.

17 Mar 2017

The Petitioner, Cogent Enterprises Pvt. Ltd., filed an Arbitration Petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking ap...

High Court

Bombay High Court Allows Arbitration Petitions by Cab Company Against Drivers, Appoints Sole Arbitrator. Arbitration clause in Driver Agreement survives termination under Section 11 of the Arbitration and Conciliation Act, 1996.

29 Oct 2015

The petitioner, Meru Cab Company Private Limited, filed four arbitration petitions under Section 11 of the Arbitration and Conciliation Act, 1996, see...

High Court

Bombay High Court Allows Appointment of Arbitrator in Postal Contract Dispute — Arbitration Clause Survives Termination of Agreement. Clause 23 of Agreement dated 12th November 2009 provides for arbitration of disputes, and the court holds that the arbitration clause is independent and survives termination.

27 Aug 2015

The petitioners, M/s. Efkon (India) Pvt. Ltd. and ELogistics Pvt. Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act,...

High Court

Bombay High Court Allows Appointment of Arbitrator in Employment Dispute Despite Alleged Full and Final Settlement. Arbitration Clause Survives Termination of Contract and Dispute Regarding Settlement Must Be Decided by Arbitrator.

17 Feb 2015

The applicant, Akshat Madan, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator...

High Court

Bombay High Court Allows Arbitration Petitions, Upholds Arbitrator's Jurisdiction Over Counter-Claim in Partnership Dispute. Arbitration Clause Survives Dissolution of Firm Under Section 16 of Arbitration and Conciliation Act, 1996.

3 Apr 2014

The case involves two arbitration petitions challenging an order of a Sole Arbitrator under Section 16 of the Arbitration and Conciliation Act, 1996, ...

High Court

Bombay High Court Allows Appointment of Arbitrator in Railway Land Licence Dispute — Arbitration Clause Survives Termination. The court held that the arbitration clause is independent and not extinguished by termination of the agreement, and appointed a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.

9 Dec 2013

The applicant, M/s Navkar Corporation Limited, entered into a land licence agreement with the respondent, Divisional Railway Manager, Central Railway,...

High Court

Bombay High Court Allows Appeal in Arbitration Reference Dispute — Holds Arbitration Clause Survives Termination of Main Contract Under Section 45 of Arbitration and Conciliation Act, 1996. Doctrine of Separability of Arbitration Agreement from Underlying Contract Applied to Refer Parties to ICC Arbitration Despite Alleged Rescission of Share Purchase Agreement by Subsequent MOU.

16 Aug 2013

The appeal arises from a judgment of a Learned Single Judge of the Bombay High Court dismissing a petition filed by the Appellant, Mulheim Pipecoating...

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