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Arbitrator—Appointment of—Appellant agreed to deposit security amount before initiation of proceedings, as agreed—Matter reffered to Arbitration Tribunal, whose existence was doubted.
Bysclaw
May 28, 2017By sclaw
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National Highways Authority of India Act, 1988 – Section 3 – Arbitration and Conciliation Act 1996 – Sections 34 and 37 – NHAI awarded a contract to Hindustan Construction Company Ltd. for the Allahabad Bypass Project, leading to disputes over additional costs – The main issues involved claims for increased rates of royalty, sales tax, forest transit fees, and payment for embankment work – NHAI argued that price adjustments should be based on the Wholesale Price Index (WPI) and that embankment construction was part of clearing and grubbing activities – Hindustan Construction argued that additional costs due to subsequent legislation were admissible separately – The Arbitral Tribunal awarded additional costs for increased royalty, forest transit fees, and payment for embankment work – The High Court confirmed the award, and the Supreme Court upheld the concurrent findings, stating that the interpretation of contract terms by the Arbitral Tribunal was reasonable – The Supreme Court dismissed appeals, finding no merit in the challenges to the Arbitral Tribunal’s award and the High Court’s judgments.
May 12, 2024
sclaw
Arbitration and Conciliation Act 1996 – Sections 34 and 37 – Curative petition – The Court found that the arbitral tribunal’s decision was not perverse or irrational and that the CMRS certificate did not conclusively prove that defects were cured within the cure period – The Court emphasized the tribunal’s domain to interpret the contract and the limited scope of judicial interference in arbitral awards – The Supreme Court concluded that the curative petition was maintainable and that there was no miscarriage of justice in restoring the arbitral award.
Apr 14, 2024
sclaw
“Arbitration Clause Dispute Settled: Supreme Court Rules Against Appointing Sole Arbitrator in Weir Construction Contract” – The Court analyzed the applicability of the arbitration clause and found that a general reference to the tender documents does not incorporate the arbitration clause into the contract – The Court discussed the conditions under which an arbitration clause from one document can be incorporated into another contract, emphasizing the need for a specific reference to the arbitration clause – The Court concluded that the arbitration clause does not apply to the contract between NBCC and Zillion and set aside the High Court’s orders, directing that disputes be resolved through civil courts in Delhi.
Mar 25, 2024
sclaw