Back
PAMIDIGHANTAM SRI NARASIMHA, ATUL S. CHANDURKAR
State of Jharkhand – Appellant
Versus
Indian Builders Jamshedpur – Respondent
| Table of Content |
|---|
| 1. need for re-evaluation of bharat drilling case (Para 1) |
| 2. appeal against high court judgment under arbitration act (Para 2) |
| 3. counsel's argument on high court error (Para 3) |
| 4. examination of contractual clauses controlling claims (Para 4 , 5) |
| 5. high court reliance on bharat drilling without detailed analysis (Para 6 , 7 , 8) |
| 6. appropriateness of bharat drilling with respect to claims and interest (Para 9 , 10 , 11) |
| 7. referral to larger bench for clarity (Para 12) |
JUDGMENT :
1. In view of our opinion that Bharat Drilling & Foundation Treatment Pvt. Ltd. v. State of Jharkhand and Ors., (2009) 16 SCC 705. is not an authority for the proposition that an excepted clause or a prohibited claim in a contract applies only to the employer and not to the Arbitral Tribunal, for the reasons to follow, in order to obviate uncertainty and for clear declaration of law, we are referring Bharat Drilling (supra) to a larger bench for reconsideration and authoritative decision. The context in which we have referred the matter to a larger bench is as follows.
2. State of Jharkhand is in appeal against the judgment of the High Court of Jharkhand allowing Section 3 72[In Arbitration Appe
Arbitration – Applicability of excepted or prohibitory clauses would primarily depend upon the agreement between the parties, which alone is the guiding principle for Arbitral Tribunal.
(1) Appeal against Arbitral Award – Grant of post-award interest is conditional in nature and operates as a deterrent against delayed payment, rather than as an automatic or punitive imposition of po....
An arbitral award can only be set aside under Section 34 of the Arbitration and Conciliation Act, 1996 if the appellant establishes that the award is in conflict with the public policy of India, is p....
Arbitrability of claims hinges on adherence to procedural agreements; claimants can seek interest despite contractual prohibitions, reflecting arbitral authority.
(1) Arbitrator in arbitration proceedings being creature of contract has no power to award interest, contrary to terms of agreement/contract between parties.(2) There cannot be estoppel against law.
(1) If contract contains a specific clause which expressly bars payment of interest, then it is not open for Arbitrator to grant pendente lite interest.(2) Lawful agreement to refer the matter to arb....
The arbitral tribunal can award pendente lite interest unless expressly prohibited by the contractual agreement.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
