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Waiver Of Arbitrator's Ineligibility Must Be Made By Agreement In Writing, Section 12(5) Does Not Provide For Deemed Consent: Bombay High Court

The Bombay High Court single bench of Justice RI Chagla held that the ineligibility of the arbitrator could only be waived if both parties agree by an express agreement in writing as per Section...
Ashok Kotangle Dharam Junani Nikitesh Kotangle Kiran Mohite Mihir Nerurkar Sudip Mallick Vishnu Chaudhari
Source: livelaw.in

Justifiable Doubts Regarding Arbitrator's Independence Must Be Raised Under Sec. 13 Only, Bombay HC Rejects Section 14(2) Petition By Solaris Developers

The High Court of Bombay bench comprising Justice Bharati Dangre dismissed a petition filed by Solaris Developers against Bhagyashree Co-operative Housing Society Ltd. under Sections 14(2) and...
Asmitan Rajbhar Yashodhan Divekar Rohan Karande Harshad Tirodkar Anshul Anjarlekar Staff Bhagyashree Housing Society Ltd
Source: livelaw.in

A Party Cannot Be Allowed To Take Advantage Of Inartistic Drafting Of Arbitration Clause As Long As The Intention To Arbitrate Is Clear: Bombay High Court

The High Court of Bombay has held that a party cannot be allowed to take advantage of inartistic or poor drafting of an arbitration clause as long as the clause contains the necessary ingredients...
Ameya Vinod Khopkar Justice Manish Pitale Supreme Court Division Bench Zee Entertainment Enterprises Limited Vs Abhishek Agarwal Arts
Source: livelaw.in

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