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VIBHU BAKHRU
National Thermal Power Corporation Limited – Appellant
Versus
Patel Engineering Limited – Respondent
| Table of Content |
|---|
| 1. overview of the arbitration case and parties involved. (Para 1 , 2 , 3) |
| 2. details of the contract packages. (Para 4) |
| 3. suspensions and disputes arising from external factors. (Para 5 , 10 , 11 , 12 , 14) |
| 4. arguments against the arbitral award concerning claims. (Para 18 , 19 , 20) |
| 5. judicial consideration of the arbitration context. (Para 25 , 26 , 28 , 29 , 30 , 31 , 32) |
| 6. determination of legal grounds related to pre-award interest. (Para 44 , 45 , 46) |
| 7. concluding remarks on claims and enforcement. (Para 48 , 49 , 50 , 51 , 55 , 56) |
JUDGMENT
Judgment Vibhu Bakhru, J. - The petitioner (hereinafter 'NTPC') 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 14.01.2020 (hereinafter 'the impugned award') delivered by the Arbitral Tribunal constituted of Dr. P.C. Markanda, ER. H.S. Dogra andER S.P. Banwait as the Presiding Arbitrator (hereafter 'the Arbitral Tribunal').
2. The impugned award was rendered in the context of disputes that have arisen between the parties i
Arbitral tribunals have discretion over fact-finding, and courts should not re-evaluate evidence unless decisions violate public policy or involve patent illegality.
Arbitration - Application for setting aside of arbitral Award - Award of interest at rate of 18% per annum from date of award is not in consonance with observations made by Arbitral Tribunal, which r....
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.
Contractual clauses distinguishing between outstanding amounts and claims; only adjudicated debts are actionable.
The arbitral tribunal can award pendente lite interest unless expressly prohibited by the contractual agreement.
The main legal point established in the judgment is that the decision of the arbitral Tribunal is entitled to substantial discretion in awarding interest, and the court does not sit as the first appe....
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....
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