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VIBHU BAKHRU
National Highway Authority Of India – Appellant
Versus
Shree Jagannath Expressways Pvt. Ltd. – Respondent
JUDGMENT
Vibhu Bakhru, J. - National Highway authority of India (hereinafter the '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 29.09.2017 (hereinafter the 'impugned award') delivered by the arbitral Tribunal consisting of Justice (Retired) V.K. Gupta, Justice (Retired) G.T. Nanavati and Justice (Retired) Deepak Verma as the Presiding arbitrator (hereafter the 'arbitral Tribunal'). The impugned award was delivered by majority, with Justice (Retired) G.T. Nanavati entering a separate dissenting opinion with regard to the claims awarded.
2. The impugned award was rendered in the context of disputes that have arisen between the parties in connection with the Concession agreement dated 06.08.2010 (hereafter the 'Concession agreement').
Factual Background
3. In March 2008, NHaI through publication invited Request for Qualification (RFQ) for the work of 'Six laning of Chadikhole-Jagatpur-Bhubaneswar section of NH-5 from Km 413.00 to 418.00 and from Km 0.00 to Km 62.00 in the State of Odisha' (hereinafter the 'Project') on design, build, finance, operate and transfer (DBFOT)
The non-consideration of a clause in the Concession Agreement by the Arbitral Tribunal is not a ground to set aside the arbitral award, unless it is an error that goes into the root of the award and ....
The main legal point established in the judgment is the importance of interpreting contractual provisions in accordance with their plain language and the grounds for challenging an award under Sectio....
it appropriate to exercise writ jurisdiction under Article 226 in the aforesaid peculiar circumstances for the limited purpose of interim protection while relegating the parties to arbitration.
The court emphasized the limited grounds for interference with arbitral awards under Section 34 of the Arbitration and Conciliation Act, 1996, and the need for courts to show restraint in examining t....
Parties are entitled to interest on payments due under contracts; if no timeframe is specified, payments are due within 15 days of demand. The distinction between interest payments and debt repayment....
The main legal point established in the judgment is the limited jurisdiction of the Court under Section 34 of the Arbitration and Conciliation Act, the interpretation of contractual terms and facts, ....
The interpretation of contractual obligations under the Concession Agreement indicates that the construction of additional toll lanes was excluded from maintenance obligations, contrary to the tribun....
The main legal point established in the judgment is the importance of adhering to the provisions of the Concession Agreement and the limitations on the arbitrator's jurisdiction, as well as the requi....
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