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J. B. PARDIWALA, K. V. VISWANATHAN
ABS Marine Services – Appellant
Versus
Andaman and Nicobar Administration – Respondent
| Table of Content |
|---|
| 1. contractual obligations and breach (Para 3 , 4 , 5 , 6 , 7) |
| 2. arbitrator's jurisdiction and validity of clauses (Para 8 , 9 , 10) |
| 3. challenge to arbitration award (Para 12 , 13) |
| 4. parties' contentions on arbitral jurisdiction (Para 16 , 17) |
| 5. contract interpretation and rule of law (Para 19 , 20 , 21 , 24 , 25 , 30) |
| 6. court's final decision and reasoning (Para 40 , 41 , 42 , 43) |
| 7. restoration of the arbitral award (Para 44) |
JUDGMENT :
K. V. Viswanathan, J.
1. Are the non-negotiable principles of Rule of Law alien to interpretation of contractual clauses, especially when the State and its instrumentalities are parties to the same? This is one of the central issues that arise for consideration in this matter. Accepting the stand of the respondent would be tantamount to answering that issue in the affirmative, which we are certainly not disposed to do.
2. The present appeals call in question the correctness of the judgment of the High Court at Calcutta (Circuit Bench at Port Blair) in CAN No. 054 of 2018 with FMA No. 002 of 2018 dated 11.07.2018. By the said judgment, the Division Bench of the High Court set aside the judgment of the District Judge dated 08.01.2008, whi
An arbitration clause cannot preclude court intervention on disputed claims, as one party cannot judge its own cause, affirming the Rule of Law in contractual agreements.
The existence of an arbitration clause previously determined is binding on parties in subsequent proceedings, preventing re-examination of the clause's validity once an arbitrator is appointed.
Appointment of Arbitrator – Issue of non-arbitrability of dispute is basic for arbitration as it relates to very jurisdiction of Arbitral Tribunal – Arbitral Tribunal may lack jurisdiction for severa....
(1) Arbitral tribunal is preferred first authority to determine and decide all questions of non arbitrability – Court should and need only look into one aspect, existence of an arbitration agreement ....
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.
An arbitration clause cannot override statutory provisions which assign exclusive jurisdiction to an Estate Officer for eviction proceedings under the Public Premises Act.
(1) Reference of disputes to arbitration – Alternate Dispute Resolution mechanisms or more particularly, arbitration, can only be the chosen method if both/all parties to dispute can agree that it wi....
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