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NAJMI WAZIRI, SUDHIR KUMAR JAIN
Flowmore Limited – Appellant
Versus
Skipper Limited – Respondent
JUDGMENT
Najmi Waziri, J.
1. This appeal under section 37 of the Arbitration and Conciliation Act, 1996 ('the Act') impugns the order dated 02.02.2023 passed by the learned Single Judge in OMP (COMM) No. 391/2022 on the ground that it has erred in not appreciating the issues raised in the aforesaid petition.
2. Mr. Arvind Nigam, the learned Senior Advocate for the appellant submits that though the impugned order has discussed the law, however, even without discussing any of the points of facts raised in the section 34 petition, it has come to the conclusion that Flowmore has failed to corroborate with evidence how the Arbitrator's finding regarding the breach of the Purchase Order (`PO') dated 02.03.2019 is contrary to the Public Policy of India. It goes on to hold as under:
"...62. In light of the facts, submissions and contentions in the pleadings, this Court find that the Petitioner has failed to corroborate with evidence how the Learned Arbitrator's finding regarding the breach of the Purchase Order is contrary to the Public Policy of India. Even if the submissions of the Petitioner qua patent illegality in the Impugned Arbitral Award is accepted, then also no ground has been m
The main legal point established in the judgment is the requirement for the Arbitrator's conclusions to be based on evidence and not to ignore vital evidence, failing which the Award may be set aside....
The court upheld the validity of the arbitral award, emphasizing limited grounds for judicial interference and the necessity of demonstrating clear error or illegality.
The main legal point established in the judgment is that the failure to consider Clause 702 of the IRS conditions led to a patent illegality in the award, justifying its setting aside.
The court affirmed that limited judicial review under Section 34 of the Arbitration Act does not allow for re-evaluation of arbitration awards unless they are demonstrably perverse, illegal, or devoi....
The court upheld the arbitrator's award, emphasizing limited grounds for judicial interference in arbitration matters.
The court reaffirmed the limited scope of judicial review of arbitral awards under Sections 34 and 37 of the Arbitration and Conciliation Act, emphasizing that courts cannot reappraise evidence or in....
The main legal point established in the judgment is the importance of adhering to the terms of the contract, the 'Entire Agreement Clause', and trade usages in arbitration proceedings.
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