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Supreme Court Upholds High Court's Determination that Non-Signatory to MoS Not Bound by Arbitration Clause. Clause 16 in Separate Share Purchase Agreement Expressly Disconnected Sale of Shares from MoS, Precluding Arbitration Under the Arbitration and Conciliation Act, 1996.

The dispute arose from a Memorandum of Settlement (MoS) dated 09.05.2022, wherein KKH Finvest Private Limited (appellant No. 1) intended to acquire Se...

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Bombay High Court Allows Section 11 Application for Appointment of Arbitrator in Family Dispute Over Partnership Deed. Arbitration Clause in Partnership Deed Found Valid and Binding on Parties Despite Allegations of Fraud and Non-Signatory Status.

The applicants, Hemant D. Shah HUF and Kokila H. Shah, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking ap...

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Bombay High Court Dismisses Appeal Against Arbitral Award in Service Agreement Dispute. Court holds that an arbitral award granting refund of mobilization advance and damages for breach of contract does not warrant interference under Section 37 of the Arbitration and Conciliation Act, 1996.

The petitioner, Hind Offshore Private Limited, filed a petition under Section 37 of the Arbitration and Conciliation Act, 1996, challenging an order d...

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Bombay High Court Disposes of Section 9 Petition in Housing Society-Developer Arbitration Amidst Numerous Interim Applications. Interim Measures Including Attachment of Assets and Deposit of Over Rs. 11 Crores Ordered Earlier Under Section 9 of Arbitration Act.

The case involved a commercial arbitration petition filed under Section 9 of the Arbitration and Conciliation Act, 1996, along with thirty-one interim...

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Bombay High Court Examines Arbitrability of Disputes Between Developer and Non-Signatory Member of Cooperative Society Under Development Agreement. Issue Involves Permissibility of Invoking Arbitration Clause Against Dissenting Member Not Party to Agreement.

The dispute arose from the redevelopment of a cooperative society's building in Mumbai. The applicant, a developer, entered into a Development Agreeme...

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Gujarat High Court Dismisses Petition for Appointment of Arbitrator in Lease Dispute Between Society Member and Municipal Corporation. Arbitration Clause in Lease Agreement Not Binding on Member Who is Not a Party to the Agreement.

The petitioner, Shree Kishore Jaiprakash Agarwal, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment...

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Bombay High Court Dismisses Section 37 Appeals, Upholding Arbitral Award Against Project Owner in Construction Dispute. Project Owner Bound by Arbitration Clause Though Non-Signatory, Owing to Active Participation and Common Intention Under Cox and Kings Principle.

The Bombay High Court considered three appeals under Section 37 of the Arbitration and Conciliation Act, 1996 arising from a construction contract dis...

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Bombay High Court Dismisses Arbitration Application in Development Agreement Dispute Due to Novation Extinguishing Arbitration Clause. Deed of Novation Substituted Original Agreement Without Arbitration Clause, No Prima Facie Arbitration Agreement Exists Between Applicant and Respondents.

The applicant, M/s. Mukesh Patel and Ors., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of...