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Search Results for "Commercial Arbitration"

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Supreme Court

Supreme Court Allows Arbitration Petition in International Commercial Arbitration Dispute Over Incorporation of Arbitration Clause. Court Holds That Amenities Agreement's Arbitration Clause Was Incorporated Into Leave and Licence Agreement Under Section 7(5) of Arbitration and Conciliation Act, 1996, Based on Contract Terms Making It an Integral Part.

13 Mar 2023

The dispute originated from agreements between a banking company incorporated under South Korean laws (petitioner) and the respondent concerning offic...

Supreme Court

Supreme Court Allows Extension of Arbitral Tribunal Mandate in International Commercial Arbitration Involving Share Dispute and Insolvency Moratorium. The court extended the time for the arbitral award under Section 29A of the Arbitration and Conciliation Act, 1996, due to a moratorium under the Insolvency and Bankruptcy Code, 2016, which stayed proceedings and was subsequently lifted.

5 Jan 2023

The dispute arose from an international commercial arbitration between Tata Sons Pvt Ltd (applicant) and Siva Industries and Holdings Ltd (first respo...

Supreme Court

Supreme Court Allows Landowner's Appeal in Arbitration Dispute Over Development Agreement Validity. Clause 18 of Development Agreement Held as Valid Arbitration Agreement Under Section 7 of Arbitration and Conciliation Act, 1996, Reversing High Court's Dismissal of Section 11 Application.

7 Sep 2022

The dispute originated from a Development Agreement dated 29.05.2014 between the appellant landowner and respondent developer for construction of an a...

Supreme Court

Supreme Court Quashes Calcutta High Court's Order Appointing Arbitrator Due to Lack of Territorial Jurisdiction. Territorial Jurisdiction for Section 11 Application Under Arbitration and Conciliation Act, 1996 Depends on Court as Defined in Section 2(1)(e), Not Merely on Seat Designation in Arbitration Clause.

24 Mar 2022

The appeals arose from orders of the Calcutta High Court dated 13 August 2021 and 4 October 2021. The appellant and respondent had entered into a deve...

Supreme Court

Supreme Court Upholds Contempt Proceedings Against Award Debtors for Wilful Disobedience of Court Orders in Arbitration Execution. The Court held that failure to comply with conditional orders for deposit of arbitral award amounts constitutes civil contempt under Section 2(b) of the Contempt of Courts Act, 1971, as it demonstrates wilful disobedience and undermines judicial authority.

10 Mar 2022

The contempt petition was filed by the award creditor, Urban Infrastructure Real Estate Fund, against the respondents for alleged wilful disobedience ...

Supreme Court

Supreme Court Allows Appeal in Arbitration Clause Validity Dispute Under Lease Agreement. The arbitration clause designating the lessee's Managing Director as sole arbitrator is upheld as valid under the Arbitration and Conciliation Act, 1996, absent contravention of public policy.

1 Feb 2022

The Supreme Court heard appeals by Indian Oil Corporation Limited against a judgment of the Bombay High Court. The dispute arose from a lease agreemen...

Supreme Court

Supreme Court Dismisses Recall Application in Arbitration Enforcement Dispute - Upholds Earlier Order Directing Deposit of Awarded Sum with Serious Consequences for Non-Compliance. Court Found Application Was Afterthought Filed After Contempt Proceedings Initiated and Original Order Was Passed After Hearing Both Parties Considering Applicants' Repeated Failure to Comply Despite Multiple Extensions.

25 Jan 2022

The Supreme Court considered a miscellaneous application filed by the applicants (original petitioners) seeking recall of an order dated 28.10.2021 pa...

Supreme Court

Supreme Court Dismisses Recall Application in Arbitration Enforcement Dispute. Court Upholds Earlier Order Directing Deposit of Awarded Amount, Finding Application Was Tactical Move to Avoid Contempt Proceedings After Repeated Failure to Comply with High Court's Deposit Condition.

25 Jan 2022

The Supreme Court dismissed a miscellaneous application seeking recall of its earlier order dated 28.10.2021. The dispute originated from arbitration ...

Supreme Court

Supreme Court Allows Appeal in Arbitration Case and Remands Matter to Arbitrator for Additional Reasons Under Section 34(4) of Arbitration and Conciliation Act, 1996. The Court held that lack of detailed reasons in an arbitral award regarding illegal termination of contract is a curable defect, permitting remission to the arbitrator for elimination of grounds for setting aside.

3 Jan 2022

The appeal arose from an order of the High Court of Judicature at Bombay dismissing a Notice of Motion filed by the appellant under Section 34(4) of t...

Supreme Court

Supreme Court Upholds Arbitral Award in Arbitration and Conciliation Act, 1996 Case Involving Breach of Settlement Deed. The Court held that the arbitration qualified as an international commercial arbitration under Section 2(1)(f) and that judicial interference under Section 34 was unwarranted, restoring the award of US$ 1.5 million as liquidated damages for breach of the Deed of Settlement dated 03.01.2011.

10 Nov 2021

The dispute arose from a soured business association between shareholders in Atlas Equifin Private Limited, India, which held shares in Multi Screen M...

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