Search Results for "express agreement in writing"

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High Court

High Court Quashes Arbitral Awards in Arbitration Petitions Under Section 34 of Arbitration and Conciliation Act, 1996 Due to Unilateral Appointment of Arbitrator. Unilateral Appointment Renders Arbitrator De Jure Ineligible Under Section 12(5), and Waiver Requires Express Written Agreement After Dispute Arises, Not Mere Participation in Proceedings.

5 Mar 2026

The dispute arose from multiple arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging arbitral awards pass...

High Court

High Court Dismisses State of Goa's Appeal Against Arbitral Award in Bridge Construction Dispute, Upholding Rejection of Objections Under Arbitration and Conciliation Act, 1996

27 Feb 2026

The State of Goa appealed under Section 37 of the Arbitration and Conciliation Act, 1996 against the rejection of its objections under Section 34 of t...

Supreme Court

Supreme Court Allows Appointment of Arbitrator in Dispute Over Encashment of Performance Bank Guarantee After Full Contractual Performance. Arbitration Clause Covers Dispute Despite Completion of Contract and Payment.

19 May 2023

The petitioner, M/S Glock Asia-Pacific Ltd., filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointme...

Supreme Court

Supreme Court Dismisses Appeal Against High Court Order Refusing Termination of Arbitral Tribunal Mandate. Appellant Failed to Demonstrate Bias or Justifiable Doubts Under Section 14 of the Arbitration and Conciliation Act, 1996.

4 Jan 2022

The appellant, a supplier of paper, entered into a contract with the respondent in 1993. Disputes arose regarding payment and quality of supply. The a...

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 Dismisses Appeal by Central Organisation for Railway Electrification Against Appointment of Independent Arbitrator in Contract Dispute. Statutory Ineligibility Under Section 12(5) of Arbitration Act Prevents Serving and Retired Railway Officers from Acting as Arbitrators Despite Contractual Clause.

17 Dec 2019

The appellant, Central Organisation for Railway Electrification, awarded a work contract to the respondent, a joint venture company, on 20.09.2010. Th...

Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Dispute — CMD's Ineligibility to Act as Arbitrator Renders Appointment Void Ab Initio. Express Agreement in Writing Under Section 12(5) Proviso Must Be Post-Dispute and Cannot Be Inferred from Pre-Dispute Conduct.

10 Apr 2019

The Supreme Court allowed the appeals filed by Bharat Broadband Network Limited (BBNL) against the judgment of the Delhi High Court, which had rejecte...

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