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VIBHU BAKHRU
National Highways Authority Of India – Appellant
Versus
PCL Sticco (JV) – Respondent
JUDGMENT
Vibhu Bakhru, J. - The National Highways authority of India (hereinafter 'NHaI') 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 15.12.2015 (hereinafter 'the impugned award') delivered by an arbitral Tribunal comprising of three members - Justice (Retd.) Shri E. Padmanabhan, Shri T.C. Bhagoria and Shri Surjeet Singh as the Presiding arbitrator (hereinafter 'the arbitral Tribunal').
2. The impugned award was rendered by the arbitral Tribunal in respect of disputes that had arisen between the parties in connection with the agreement for 'Widening to 4/6 lanes and strengthening of existing 2- Lane Carriageway of NH-5 in the State of Orissa from Km 284.00 to Km 338.00 (Ganjam-Sunkhala) Contract Package OR-VII'.
3. NHaI had invited bids for the aforesaid works in the year 2001. On 30.03.2001, the respondent submitted its bid pursuant to the said invitation to tender. The respondent's bid was accepted by a Letter of acceptance (Loa) dated 09.07.2001, and the contract was awarded to the respondent.
4. Thereafter, on 20.08.2001, the parties entered into a formal contract (her
The arbitral Tribunal found NHaI's actions to expel the respondent from the site was unjustified and illegal based on various grounds, including the delay in granting Extension of Time (EOT) and the ....
An expulsion under a contract must have legitimate causes, and unjustified actions by one party render such expulsion illegal, reaffirming constraints under arbitration frameworks.
The arbitral tribunal's decision to not expel the contractor was upheld, recognizing NHAI's breaches and the contractor's financial incapacity as reasons for the award.
The main legal point established in the judgment is the interpretation and application of Section 34 of the arbitration and Conciliation act, 1996 to an international commercial arbitration, and the ....
The inapplicability of the ground of patent illegality to international commercial arbitration and the importance of interpreting specific contractual clauses in determining the validity of claims an....
Execution of the works was delayed and the respondent sought Extension of Time for completion of the works on successive occasions, which were approved by NHAI.
The main legal point established is that an arbitral award must be based on relevant material and evidence, and claims for loss of profit must be substantiated with evidence of missed opportunities.
Inconsistent findings across arbitral awards do not provide grounds for setting aside an award under Section 34 of the Arbitration & Conciliation Act, 1996.
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