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VIBHU BAKHRU
Director General Central Reserve Police Force – Appellant
Versus
Fibroplast Marine Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. factual background of the arbitration agreement and disputes. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 2. arguments against the arbitral award and its quantifications. (Para 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 3. court observations regarding delay, merits, and errors in the arbitral award. (Para 35 , 36 , 37 , 38 , 39 , 40 , 41 , 46 , 48 , 52 , 59 , 63 , 67) |
| 4. legal standards for reviewing arbitral awards and its implications. (Para 45 , 72 , 74 , 76) |
| 5. conclusion on setting aside the arbitral award and further proceedings. (Para 78 , 79) |
JUDGMENT
Vibhu Bakhru, J. - The petitioner has filed the present petition under Section 34 of the arbitration and Conciliation act, 1996 (hereafter the 'a&C act') impugning an arbitral award dated 31.05.2019 (hereafter the 'impugned award') rendered by an arbitral Tribunal comprising of a Sole arbitrator (hereafter the 'arbitral Tribunal').
2. On 17.07.2008, the petitioner floated a tender bearing no. U.II.708(a)/2008-09-PROC-(NDRF) inviting bids for supply of 288 numbers of Boat
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....
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....
Excessive and unexplained delay in arbitral proceedings vitiates the award, impacting fairness and leading to its annulment under public policy and patent illegality.
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....
An arbitrator's decision can only be challenged under limited grounds; violations must be significant to justify setting aside the award.
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