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VIBHU BAKHRU
Gail(india) Ltd. – Appellant
Versus
Triveni Engineering & Industries Ltd – Respondent
JUDGMENT
Vibhu Bakhru, J. - The petitioner (hereinafter 'GaIL') 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 20.11.2019 (hereinafter 'the impugned award') rendered by an arbitral Tribunal comprising of a former Chief Justice of the High Court of Jammu and Kashmir as the Sole arbitrator (hereinafter 'the arbitral Tribunal')
2. The impugned award was rendered in the context of disputes that have arisen between the parties in connection with an agreement dated 28.05.2012 (hereinafter the 'agreement').
3. The controversy in the present case arises in the following context: -
4. Tenders were invited by GaIL (being Tender no. a096/T-069/11-12/MS/38) for the works regarding setting up of a 'Dematrialised (DM) Water Plant and Condensate Polishing Unit (CPU) for GaIL Petrochemical Complex - II at Pata, Uttar Pradesh' (hereinafter the 'Project'), on the terms and conditions stipulated therein.
5. Pursuant to the said invitation to tender, the respondent submitted its bid for executing the Project, on 27.02.2012. The respondent's bid was accepted and thereafter, GaIL issued a Fax of acce
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The Arbitral Tribunal has considerable discretion in evaluating evidence and interpreting contract clauses, and its decision cannot be interfered with unless found to be patently illegal or in confli....
The Arbitral Tribunal's decision falls within its jurisdiction and does not amount to patent illegality, as it was based on a plausible interpretation of the exclusionary clause in the contracts and ....
Arbitral tribunals have discretion over fact-finding, and courts should not re-evaluate evidence unless decisions violate public policy or involve patent illegality.
The court upheld the Arbitrator's findings that the rescission of the contract was unjust and delays were primarily attributable to the petitioner, affirming the award under Section 34 of the Arbitra....
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....
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