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VIBHU BAKHRU
Union Of India – Appellant
Versus
Rama Construction Company – Respondent
JUDGMENT
Vibhu Bakhru, J. - The petitioner 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 20.11.2017 (hereinafter 'the impugned award') delivered by the arbitral Tribunal comprising of a learned Sole arbitrator.
2. The impugned award was rendered in the context of disputes that have arisen between the parties in connection with a Contract agreement bearing no 01/EE/CaG (hereinafter the 'agreement'). The petitioner is challenging the impugned award to the extent that the arbitral Tribunal accepted Claim nos. 1.4, 1.5, 1.6 and 4 of the respondent.
3. The controversy in the present case arises in the following context:-
4. On 06.08.2010, the petitioner invited tenders for the works regarding 'C/0 ICED for CaG at Kant Kalwar area, Jaipur. (SH: Clo academic Block, Hostel Block, Sports Block, Support Facility, Services Block &Residential Block, air Tunnel i/c development work & internal Electrical Installation.'(hereinafter the 'Project'), on the terms and condition stipulated the
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....
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 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.
The court affirmed the limited scope of review under Section 34 of the Arbitration and Conciliation Act, emphasizing respect for arbitral awards unless stark violations of public policy or procedural....
The interpretation of contractual clauses must align with their plain language, and claims for damages must be supported by evidence.
The court emphasized the requirement for the arbitrator to assign reasons in support of the award and the limited scope of interference by the court in arbitration awards.
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.
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.
An arbitrator cannot exceed jurisdiction by awarding claims not supported by written approval as mandated by the contract, rendering the award illegal.
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