Back
VIBHU BAKHRU
National Highways Authority Of India – Appellant
Versus
Hindustan Construction Co Ltd. – Respondent
JUDGMENT
Vibhu Bakhru, J. - The National Highways Authority of India (hereinafter 'NHAI') has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter 'the A&C Act') impugning an Arbitral Award dated 05.06.2013 (hereinafter 'the impugned award')passed by the Arbitral Tribunal comprising of three members, Shri P. Sridharan, Sh. Pawan Kumar, and Shri D. Sree Ramamurthy as the Presiding Arbitrator (hereinafter 'the Arbitral Tribunal'). The impugned award was delivered by Shri P. Sridharan and Shri D. Sree Ramamurthy. Sh. Pawan Kumar entered a separate dissenting opinion.
2. The impugned award was rendered in the context of disputes that had arisen between the parties in relation with an agreement dated 26.02.2005 (hereinafter 'the Agreement'). By the impugned award, the Arbitral Tribunal awarded a sum of Rs. 4,69,42,964/- towards the balance outstanding amount for the work of 40 mm thick Bituminous concrete (Dispute no. 4), Rs. 134,75,04,491/- towards the additional costs incurred in the extended period from 15.11.2007 till 23.11.2010 an
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....
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 ....
The need for evidence to establish loss of profits and the court's discretion to modify the interest rate as agreed upon by the parties.
The court affirmed that arbitral awards are upheld unless blatant illegality is shown, emphasizing the tribunal's final authority under Section 34 of the Arbitration and Conciliation Act.
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 ....
Patent illegality should be illegality which goes to the root of the matter. In other words, every error of law committed by the Arbitral Tribunal would not fall within the expression ‘patent illegal....
The main legal point established in the judgment is the correct interpretation and application of contractual provisions in arbitration disputes.
Arbitral awards under Section 34 set aside in part for patent illegality where claims lack evidence of loss; sustained for plausible delay findings, scope changes; severability applies to separable p....
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
