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VIBHU BAKHRU
H. R. Builders – Appellant
Versus
Delhi State Industrial And Infrastructure Development Corporation Limited – Respondent
JUDGMENT
Vibhu Bakhru, J. - The petitioner (hereinafter 'HRB') 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 13.04.2018 (hereinafter 'the impugned award') rendered by an Arbitral Tribunal comprising of a Sole Arbitrator.
2. The impugned award was rendered in the context of disputes that have arisen between the parties in connection with a contract awarded to HRB for refurbishment and upgradation of twenty-five government schools. The Arbitral Tribunal has rendered a net award of Rs. 3,04,91,623/- along with interest in favour of HRB.
3. Briefly stated, the relevant facts that are necessary to address the controversy are as under:
4. The Government of NCT of Delhi launched a project for refurbishment and upgradation of 198 schools run by the Government of NCT of Delhi. The respondent (hereinafter 'DSIIDC') was entrusted with implementation of a part of the project covering twenty-five schools.
5. On 08.07.2009, DSIIDC invited tenders for entire works (both civil and electrica
The Arbitral Tribunal's jurisdiction to consider claim amounts and reject specific claims under the Arbitration and Conciliation Act, 1996.
The main legal point established in the judgment is the limited scope of interference under Section 34 and Section 37 of the Act, 1996, and the importance of a reasonable interpretation of the contra....
The main legal point established in the judgment is that the decision of the Arbitral Tribunal must be based on evidence and material on record, and the Court will not interfere with the award unless....
The arbitral tribunal's decision to deny claims for damages due to lack of supporting evidence is valid under Section 34 of the Arbitration and Conciliation Act, emphasizing minimal judicial interfer....
Claims can still be made post-final bill if made under coercion; the final arbiter's decisions should not contravene public policy.
In terms of Section 21 of the A&C Act, the arbitral proceedings commence on the date of receipt of notice invoking the arbitration agreement.
Point of law: In terms of Section 21 of the A&C Act, the arbitral proceedings commence on the date of receipt of notice invoking the arbitration agreement.
Failure to raise claims for escalation in a timely manner and acceptance of payments in full and final settlement preclude further claims.
The main legal point established in the judgment is the limited grounds for challenging arbitral awards under Section 34 of the A&C Act, emphasizing the principles of public policy and fundamental In....
Arbitral awards must provide intelligible reasoning, and failing to consider a claim for pre-reference interest constitutes a legal flaw under Section 34 of the Arbitration and Conciliation Act, 1996....
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