SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2014 Supreme(Del) 1621

High Court of Delhi
G. ROHINI & RAJIV SAHAI ENDLAW, JJ.
State Trading Corporation of India Ltd.
Versus
M/s. Toepfer International Asia Pte. Ltd.
FAO(OS) No. 242 of 2014
Decided on: 02-07-2014

Advocate Appeared:
For the Appellant:Dr. A. Francis Julian, Sr. Advocate along with Danish Zubair Khan, Advocate.
For the Respondents:Neeraj Kishan Kaul, Sr. Adv. along with A. Majumdar, Arvind Kumar Gupta, Siddarth Ranka, Advocates.

Headnote:

Arbitration and Conciliation Act, 1996 - Section 34, 37 - Arbitration award - Appeal - Interpretation - Scope of - Ground of challenge - Single Judge ignored the interpretation of the contract between the parties given by the Arbitral Tribunal which is contrary to the express terms and conditions - Arbitral Tribunal has given a meaning to the terms and conditions which is not contemplated in the contract - Section 34 proceeding, which in essence is the remedy of annulment, cannot be used by one party to convert the same into a remedy of appeal - Mere erroneous/wrong finding of fact by the Arbitral Tribunal or even an erroneous interpretation of documents/evidence, is non-indefinable - If such interference is done by the Court, the same will set at naught the whole purpose of amendment of the Arbitration Act - Held, interpretation placed on the contract is a matter within the jurisdiction of the Arbitral Tribunal - Even if an error exists, this is an error of fact within jurisdiction, which cannot be re-appreciated by the Court - Analysis of the contract between the parties and interpreting the terms and conditions will be in the light of the contemporaneous conduct of the parties - It will be nothing else than sitting in appeal over the arbitral award and which is not permissible - Appeal is dismissed.

Judgment

Rajiv Sahai Endlaw, J.

1. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 impugns the order dated 28th January, 2014 of the learned Single Judge of this Court of dismissal of the objections, being OMP 106/2014 filed by the appellant, to the Arbitral Award dated 27th September, 2013 of an Arbitral Tribunal comprising of the nominees of the appellant and the respondent, who as per the Arbitration Agreement were to be the retired judges of the High Court or the Supreme Court, and of a third arbitrator who was required to be senior to the nominated arbitrators.

2. The particulars of the dispute which were referred to arbitration, the respective versions of the parties and the respective contentions of the parties are recorded in detail in the unanimous arbitral award running into 36 pages and have been recapitulated by the learned Single Judge also in his order running into as many as 19 pages. Considering the nature of the jurisdiction which we are exercising and the contentions before us, we do not feel the need to reiterate the same. Suffice it will be to state that the appellant bought Yellow Peas from the respondent, a company incorporated under the laws of Singapore and the dispute was qua the liability for demurrage levied for delay in unloading of the goods shipped by the respondent from Canada to the appellant at Vishakhapatnam. The Arbitral Tribunal held the respondent entitled to demurrage for 53 days 12 hours and 47 minutes amounting to USD 1,070,652.78 from the appellant and also awarded interest at the rate of 6% per annum against the appellant, from the date of notice i.e. 12th October, 2010 till the actual realization of the award amount. The counter claim of the appellant, of having earned a dispatch of 14 minutes for which the appellant claimed to be entitled to USD 5,833.33 from the respondent was dismissed. The respondent was also awarded cost of arbitration.

3. The challenge by the appellant to the award before the learned Single Judge was on the ground of the interpretation by the Arbitral Tribunal of the terms of the contract, relating to lay time and demurrage, being based on the principle/ practice applicable to charter party disputes when it should have been based on the law applicable to the sale of goods and contracts.

4. The learned Single Judge has held:

i. That the appellant has failed to show as to how the award could be said to be opposed to public policy of India, as interpreted by the Supreme court in ONGC Ltd. vs. Saw Pipes Ltd. (2003) 5 SCC 705;

ii. that the tribunal had dealt at length with each and every of the appellant’s contentions, even though raised for the first time at the stage of final hearing, and rejected them on merits by giving reasons;

iii. that even the commentaries, being The Law of Demurrage by Hugo Tiberg (4th edition), and Benjamin, Sale of Goods (4th edition) relied upon by the appellant were found to be supporting the contentions of the respondent, rather than of the appellant;

iv. the Arbitral Tribunal had applied its mind to the pleadings, the evidence adduced before it and the terms of the contract and the court would not reappraise the matter as if it were an appeal;

v. interpretation of a term of the contract is a matter within the jurisdiction of the tribunal - it may be capable of two possible views, but if the view taken by the Arbitral Tribunal is a plausible view, though not the only correct view, it would prevail and the court cannot substitute it with its own interpretation;

vi. the arbitral awards can be interfered by the court, only if the findings therein are totally perverse or based on a wrong proposition of Law;

vii. in the present case, there was no patent error in the reasons/findings given by the Arbitral Tribunal in rejecting the appellant’s contentions and in disallowing the application of the appellant for filing of amended written statement as the matter was entirely in the domain of the Arbitral Tribunal and there was no v

















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top