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C. HARI SHANKAR
National Highways Authority of India – Appellant
Versus
IRB Goa Tollway Private Ltd. – Respondent
JUDGMENT :
1. This petition, at the instance of the National Highways Authority of India (NHAI), has been preferred under Section 34 of the Arbitration and Conciliation Act, 1996 (“the 1996 Act”), assailing an Award, dated 26th February, 2016, passed by an Arbitral Tribunal by a majority of two learned Arbitrators to one.
2. The respondent was the claimant before the learned Arbitral Tribunal and the petitioner-NHAI was the respondent.
3. The respondent raised two claims. The learned Arbitral Tribunal awarded, to the respondent,
(ii) against Claim No.2, Rs.4,71,00,000/- along with interest of Rs.2,73,18,000/-.
4. As a result, a total amount of Rs.303,98,01,213/- stands awarded against NHAI and in favour of the respondent along with further interest @ 12 % on the said amount from the date of Award till the date of payment, in the event of failure, on the part of NHAI, to pay the amount to the respondent within 30 days of the award.
5. It merits mention, at the outset, that the present petition does
Point of Law : Limited scope of the jurisdiction of this Court vested in it by Section 34 of the 1996 Act, no occasion arises for this Court to revisit the said findings of the learned Arbitral Tribu....
Point of Law - Limited scope of the jurisdiction of this Court vested in it by Section 34 of the 1996 Act, no occasion arises for this Court to revisit the said findings of the learned Arbitral Tribu....
NHAI is contractually obliged to pay 90% of the Debt Due to lenders irrespective of defaults by the concessionaire, with no deductions permitted.
An expulsion under a contract must have legitimate causes, and unjustified actions by one party render such expulsion illegal, reaffirming constraints under arbitration frameworks.
The arbitral Tribunal found NHaI's actions to expel the respondent from the site was unjustified and illegal based on various grounds, including the delay in granting Extension of Time (EOT) and the ....
The main legal point established is that an arbitral award must be based on relevant material and evidence, and claims for loss of profit must be substantiated with evidence of missed opportunities.
The inapplicability of the ground of patent illegality to international commercial arbitration and the importance of interpreting specific contractual clauses in determining the validity of claims an....
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