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CHANDRA DHARI SINGH
National Highway Authority of India – Appellant
Versus
Ssangyong Engineering & Construction Co. Ltd. – Respondent
ORDER
Chandra Dhari Singh, J. (Oral)
1. The instant petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter "Arbitration Act") has been filed on behalf of the petitioner seeking setting aside of the Arbitral Award dated 28th July 2018 (hereinafter "the Award") passed by a three-member Arbitral Tribunal (hereinafter "learned Tribunal").
FACTUAL MATRIX
2. A brief background of the dispute between the parties before this Court is delineated hereunder:
a. The petitioner is the Government of India Undertaking responsible for maintenance, management and development of National Highways or stretch of the National Highways vested in or entrusted to it by the Central Government. The respondent is a Multi-National Company registered as per the laws of Republic of Korea, represented by its Power of Attorney, Mr. S. J. Kim, working largely in the field of infrastructure development, including construction of roads, highways, dockyards and other such projects across the world.
b. The petitioner awarded a contract for construction of a four lane Highway at the Jhansi-Lakhanadon section between km 351 to km 405.77, National Highway-26 in the state of Madhya Pradesh to t
The main legal point established in the judgment is the limited scope of interference by the courts in arbitral awards and the specific grounds for challenging an arbitral award as laid down in the A....
Limited scope of interference and intervention by a Court in an Arbitral Award.
Limited grounds for interference with an Arbitral Award under Section 34 of the Arbitration Act
The limited scope of intervention by Courts in arbitral awards under Section 34 of the Arbitration and Conciliation Act, emphasizing the need to satisfy specific grounds for setting aside an arbitral....
Limited intervention of the Courts in arbitral proceedings is intended by the legislature. An Arbitral Award may only be set aside if it is patently illegal, against the public policy of India, based....
Limited grounds for setting aside an arbitral award under Section 34 of the Arbitration Act and the Court's reluctance to re-adjudicate disputes on their merits.
The main legal point established in the judgment is the limited scope of interference with an Arbitral Award under Section 34 of the Arbitration and Conciliation Act, 1996, and the requirement for th....
The scope of interference with an Arbitral Award under Section 34 of the Arbitration and Conciliation Act, 1996 is fairly limited and narrow. The Courts shall not sit in an appeal while adjudicating ....
The limited grounds for interference with an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, emphasize the concept of patent illegality and the criteria for setting asi....
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