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Articles for Claimant, search results for arbitral

Findings Of Arbitrator U/S 34 Of Arbitration Act Cannot Be Scrutinised As If Court Is Sitting In Appeal: Chhattisgarh High Court
1 week, 1 day ago

Findings Of Arbitrator U/S 34 Of Arbitration Act Cannot Be Scrutinised As If Court Is Sitting In Appeal: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court bench of Justices Smt. Rajani Dubey and Shri Bibhu Datta Guru has held that findings of the Arbitrator cannot be scrutinised under section 34 of the Arbitration Act as if the court is sitting in appeal. The appellant submitted that the Commercial Court ought not to have interfered with the findings of the fact with respect …

High Court Limitation Held Act Claim Award Arbitrator
Award Cannot Be Set Aside U/S 34 Of Arbitration Act If View Taken By Arbitrator Is A Plausible View: Delhi High Court
1 month, 1 week ago

Award Cannot Be Set Aside U/S 34 Of Arbitration Act If View Taken By Arbitrator Is A Plausible View: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Sachin Datta has held that conduct of the parties has to be seen before granting equitable relief for specific performance of the contract. Brief Facts The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 assails an arbitral award dated 12.04.2022, whereby the arbitral tribunal has refused to grant specific …

Performance Court Specific Performance Sale Agreement Set View
Patent Illegality | For Claim For Damages There Must Be Proof Of Actual Loss: Bombay High Court Stays Arbitral Award
8 months, 3 weeks ago

Patent Illegality | For Claim For Damages There Must Be Proof Of Actual Loss: Bombay High Court Stays Arbitral Award

Live Law  

The Bombay High Court single bench of Justice R.I. Chagla stayed an arbitral award noting that the Arbitrator contravened the settled law that for a claim for damages, there must be proof of actual loss which is sine qua non for such claim. Moreover, it argued that despite the Arbitrator's acknowledgment that the claim was one of damages, the actual …

Loss Court Bombay High Court Price Held High Mpv
‘Fraudulent’ Conduct Of Railways Has Shocked Our Conscience: Calcutta HC Unconditionally Stays Arbitral Award, Directs Probe By Union Govt
1 year, 4 months ago

‘Fraudulent’ Conduct Of Railways Has Shocked Our Conscience: Calcutta HC Unconditionally Stays Arbitral Award, Directs Probe By Union Govt

Live Law  

The Calcutta High Court today unconditionally stayed an award granted in favour of the South Eastern Railways under the Arbitration & Conciliation Act, 1996 on grounds of fraud and corruption perpetrated by collusion between the parties in obtaining the impugned award. Finally, the petitioners argued that the tribunal in awarding a sum of Rs 1301 crores, had failed to consider …

India Fraud Railways Court Tribunal Rakes Award
IIAM International Arbitral Award Writing Competition
4 years, 3 months ago

IIAM International Arbitral Award Writing Competition

Live Law  

Indian Institute of Arbitration and Mediation is organizing its 1st International Arbitration Award Writing Competition, supported by Asia Pacific Centre for Arbitration and Mediation with an aim to develop academic discussion in the field of Arbitration and provide students a platform to hone their litigating skills as well as their art of composing awards/judgments within the limits of law. The …

Award Last Date Claimant