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Search Results for "Arbitration Agreement"

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Supreme Court

Supreme Court Interprets Court's Power Under Section 9 of Arbitration Act Post-Tribunal Constitution. The Court Held That Courts Can Entertain Section 9 Applications After Tribunal Constitution But Must Examine Efficacy of Section 17 Remedy, with 'Entertain' Encompassing Entire Adjudication Process Under the Arbitration and Conciliation Act, 1996.

14 Sep 2021

The dispute arose from a Cargo Handling Agreement between the parties, containing an arbitration clause. The appellant invoked arbitration via a notic...

Supreme Court

Supreme Court Upholds Arbitral Award in Favor of Concessionaire in Airport Metro Express Line Dispute. The court held that the Delhi High Court's interference under Section 37 of the Arbitration and Conciliation Act, 1996 was unjustified, as the Arbitral Tribunal's findings on defects and material breach in the concession agreement were based on evidence and within its jurisdiction.

9 Sep 2021

The Supreme Court of India addressed civil appeals arising from a dispute between Delhi Airport Metro Express Pvt. Ltd. (DAMEPL), the appellant and co...

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 Allows Appeals by Captive Power Producers in Hydel Policy Dispute Over Water Royalty Charges. The court held that the agreements incorporating the government policy did not impose water royalty liability on captive power producers, distinguishing them from independent power producers under the policy framework.

6 Sep 2021

The dispute arose from appeals filed by M/s. Indsil Hydro Power and Manganese Limited (INDSIL) and Carborundum Universal Limited (CUMI) against a comm...

Supreme Court

Supreme Court Dismisses Appeals in Arbitration Act Case Regarding Foreign Award Enforcement. Non-Signatory Parties Not Bound by Arbitration Agreement Under Alter Ego Doctrine for Enforcement Under Part II of Arbitration and Conciliation Act, 1996.

10 Aug 2021

The Supreme Court of India heard civil appeals concerning the recognition and enforcement of foreign awards under Part II of the Arbitration and Conci...

Supreme Court

Supreme Court Dismisses Appeal in Contract Dispute Over Tender Terms and Recovery of Differential Contract Value. The Court upheld the High Court's finding that absence of formal contract execution precluded invocation of general terms for recovery, distinguishing between condition precedent and subsequent in contract formation under Indian Contract Act, 1872.

23 Jul 2021

The dispute arose from a tender floated by South Eastern Coalfields Ltd. for hiring equipment and related work. The respondent was the successful bidd...

Supreme Court

Supreme Court Dismisses Appeals in MSMED Act Arbitration Cases on Limitation and Counterclaim Issues. The Court held that the Limitation Act, 1963 applies to arbitration proceedings under Section 18(3) of the Micro, Small and Medium Enterprises Development Act, 2006, and counterclaims are maintainable under Section 23(2A) of the Arbitration and Conciliation Act, 1996, affirming the High Court's remand and arbitrator appointment orders.

29 Jun 2021

The Supreme Court of India addressed two consolidated civil appeals involving arbitration proceedings under the Micro, Small and Medium Enterprises De...

Supreme Court

Supreme Court Upholds High Court Decision Quashing Labour Cess Demand Under Building and Other Construction Workers' Welfare Cess Act, 1996. The Court held that the cess demand was invalid as the contract work did not constitute 'building or other construction work' under Section 2(1)(d) of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, and the levy under Sections 3(1) and (2) of the Cess Act was not applicable.

12 May 2021

The Supreme Court of India, in a civil appellate jurisdiction, addressed a special leave petition under Article 136 of the Constitution of India. The ...

Supreme Court

Supreme Court Allows Appeal in Arbitration Jurisdiction Dispute, Holds Ahmedabad Courts Competent for Section 34 Petition. Mutual Consent to Shift Venue to Ahmedabad Established Seat There, Granting Exclusive Jurisdiction Under Arbitration and Conciliation Act, 1996, Overriding Original Clause Designating Rajasthan Courts.

13 Apr 2021

The appeal arose from a dispute over jurisdiction for a Section 34 petition under the Arbitration and Conciliation Act, 1996. The appellant, Inox Rene...

Supreme Court

Supreme Court Allows Appointment of Arbitrator in Sale Agreement Dispute Due to Unconcluded Settlement. The Court held that a recorded but unconcluded settlement does not extinguish the arbitration clause, and the dispute subsists for resolution under Section 11 of the Arbitration and Conciliation Act, 1996.

8 Apr 2021

The dispute arose from an Agreement of Sale dated 23.11.2006 between the appellant (purchaser) and respondent (seller) for property in Bangalore, with...

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