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PANKAJ MITHAL, ABHAY S. OKA
National Highways Authority of India – Appellant
Versus
Hindustan Construction Company Ltd. – Respondent
FACTUAL ASPECTS IN CIVIL APPEAL NO. 4702 OF 2023
1. The appellant- National Highways Authority of India Ltd. has been constituted under Section 3 of the National Highways Authority of India Act, 1988. On 2nd June 2004, the appellant awarded a contract to the respondent for the work of the Allahabad Bypass Project, which involved the construction of a road from km 158 to km 198 (except a bridge on the river). The total cost of the project was Rs.4,46,99,12,839/-. A dispute between the parties was referred to the Dispute Resolution Board. The Board gave its recommendations. Ultimately, the dispute was referred to an Arbitral Tribunal of three arbitrators. There were three claims referred to arbitration, which are as follows:
- Claim no.2 - Non-payment for executed work of embankment with soil/pond ash for the initial 150 mm depth stripped in accordance with the requirements of the contract and
- Claim no.3 - Reimbursement of additional costs incurred due to an increase in the forest transit fee rates.
2. The Arbitra
Appeal against arbitral award – It is for Arbitral Tribunal to adjudicate upon terms of a contract.
In international commercial arbitration, challenges to awards are limited to specific legal grounds, and mere dissatisfaction with arbitral decisions does not constitute public policy violations.
Appeal against arbitral award – Scope of jurisdiction under Section 34 and Section 37 of Act is not akin to normal appellate jurisdiction – Mere possibility of an alternative view on facts or interpr....
Under Section 34, courts cannot act as appellate bodies. Judicial interference is restricted to cases of patent illegality or policy violation. If a tribunal adopts a plausible interpretation of cont....
Setting aside arbitral award – Dissenting opinion would not receive level and standard of scrutiny which majority award which is under challenge is subjected to – A dissenting opinion cannot be treat....
The main legal point established in the judgment is the interpretation and application of Section 34 of the arbitration and Conciliation act, 1996 to an international commercial arbitration, and the ....
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