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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Sandeep V.Marne
Laguna Resort Pvt. Ltd. – Appellant
Versus
Concept Hospitality Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. challenge to arbitration award under act. (Para 1 , 2 , 3) |
| 2. overview of parties involved and arbitration timeline. (Para 4 , 5 , 6 , 7) |
| 3. petitioner's argument regarding jurisdiction and exclusion of time. (Para 8 , 9 , 10) |
| 4. respondent's rebuttal on the existence of arbitration agreement. (Para 14 , 15 , 16) |
| 5. clarification of three distinct operational periods for the hotel. (Para 17 , 20 , 21 , 22) |
| 6. identification of broad issues for determination. (Para 18 , 19) |
| 7. documentation of three separate arbitral proceedings. (Para 23 , 24 , 25) |
| 8. analysis of time bar issue related to prior arbitration. (Para 27 , 28 , 29 , 30) |
| 9. discussion on the applicability of section 43(4) of the act. (Para 39 , 40 , 41) |
| 10. court's perspective on distinctiveness of disputes. (Para 44 , 45) |
| 11. petitioner's failure to raise jurisdictional issues. (Para 46 , 47 , 48) |
| 12. conclusion and dismissal of the petition. (Para 66 , 67) |
Sandeep V. Marne, J.
1) By this Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996, (Arbitration Act) the Petitioner has challenged Award of the learned Sole Arbitrator dated 28 November 2022. By the impugned Award, the le
The endorsement of Section 43(4) permits exclusion of time spent in previous arbitration when disputes are re-submitted, affirming the continuity of rights post-merger of entities.
The court's decision emphasized the limited scope of interference with arbitral awards and the prohibition on re-appreciating evidence and challenging the merits of the award under Section 34 of the ....
Section 42 of the Arbitration and Conciliation Act, 1996 applies to all applications made before or during the arbitral proceedings or after an Award is pronounced under Part I of the Arbitration Act....
Section 34 of the Arbitration and Conciliation Act provides a limited window of challenge to an arbitral award, and a violation of a statute, not tied to public policy or public interest, cannot serv....
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