railway contract

Bombay High Court refuses to appoint arbitrator for railway contract disputes exceeding 20% cap — “Party autonomy permits selective arbitrability; court cannot compel arbitration beyond agreed threshold,” Section 11 application dismissed

Court’s decision The Bombay High Court, exercising its Ordinary Original Civil Jurisdiction, has dismissed a Commercial Arbitration Application seeking appointment of an arbitrator in a dispute arising out of a…
vedanta

Delhi High Court refuses to recall arbitrator appointment in Vedanta–GSPC gas dispute — foreign joint venture partner doesn’t convert case into international arbitration; jurisdictional objection premature, Section 16 remedy available

Court’s decision The Delhi High Court dismissed an application seeking recall of its earlier order appointing an arbitrator in the Vedanta–Gujarat State Petroleum Corporation gas supply dispute, holding that the…
Bombay High Court says “the arbitrator’s approach was contrary to the contractual framework and unsupported by material evidence” — Court sets aside arbitral award in dispute involving Thermax Limited over EPC obligations and delay compensation

Bombay High Court says “the arbitrator’s approach was contrary to the contractual framework and unsupported by material evidence” — Court sets aside arbitral award in dispute involving Thermax Limited over EPC obligations and delay compensation

Court's decision The Bombay High Court allowed the Petition under Section 34 of the Arbitration and Conciliation Act and set aside the arbitral award, holding that the tribunal had failed…
arbitrator

Supreme Court Denies Appointment of Arbitrator, Holds Clause with “May be Sought Through Arbitration” Not a Binding Arbitration Agreement, Emphasises Prima Facie Scrutiny of Arbitration Clauses to Weed Out Non-Existent Agreements, Clarifies Parties Cannot Unilaterally Invoke Arbitration Without Clear Contractual Consensus

Court’s Decision The Supreme Court dismissed the appeal challenging the High Court’s refusal to appoint an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. The Court held…
notice of arbitration

Calcutta High Court Appoints Arbitrator in Partnership Dispute, Holding Deemed Service of Notice Sufficient for Invocation of Arbitration Under Partnership Deed When Respondents Do Not Respond, Enabling Dissolution Dispute to Proceed to Arbitration Without Delay

Court’s Decision The Calcutta High Court allowed the petition under Section 11 of the Arbitration and Conciliation Act, 1996, appointing Ms. Urmila Chakraborty as the sole arbitrator to resolve disputes…
arbitration

Calcutta High Court Appoints Arbitrator in Tata Capital’s Loan Dispute Against Bhubaneshwari Seafood, Holding Arbitration Not Barred by Parallel SARFAESI Proceedings and Allowing Arbitration by Successor Entity Despite Non-Signatory Status Under Loan Agreement

Court’s Decision The Calcutta High Court appointed Ms. Noelle Banerjee, Advocate, as the sole arbitrator to adjudicate disputes between Tata Capital and Bhubaneshwari Seafood regarding loan default, holding that arbitration…