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SACHIN DATTA
Thdc India Ltd. – Appellant
Versus
PCL-intertech Lenhydro Consortium Jv – Respondent
| Table of Content |
|---|
| 1. overview of arbitration framework. (Para 1 , 2 , 3) |
| 2. details of contract scope and obligations. (Para 4 , 5 , 6 , 8) |
| 3. listing causes for project delays. (Para 7) |
| 4. preliminary objections pertaining to claims. (Para 9 , 10 , 11) |
| 5. findings and analysis of arbitrator on claims. (Para 12 , 13 , 14 , 15 , 16) |
| 6. petitioner’s challenge against award reasoning. (Para 24 , 25 , 26) |
| 7. interest on claims and implications. (Para 120 , 123 , 124) |
| 8. final determination and order of the court. (Para 131 , 132) |
JUDGMENT
1. The present petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 assails an award dated 17.12.2010 passed by an Arbitral Tribunal, pursuant to an arbitration agreement incorporated in the Contract Agreement dated 14.11.2002 entered into between the parties.
The background facts:
2. The contract between the parties is a construction contract, involving construction of "Civil Works of Dam, Spillway and Power House of 400 MW Koteshwar Hydro Electric Project at Koteshwar, Uttarakhand". A letter of award (hereinafter referred to as "LoA") was issued in favour of the Respondent on 31.8.2002, followed by contract agreement dated 14.11.2002
The interpretation of the contract is within the exclusive domain of the learned Arbitrator, and the court would not interfere with such interpretation.
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 Court upheld the AT's findings regarding the attribution of delay, enforcement of NOC, and the allowance of the claim for escalation cost without a specific clause in the Contract, based on the n....
Clauses in contracts that prohibit claims for damages are against public policy and void under Section 23 of the Indian Contract Act, 1872, as they undermine the sanctity of contracts.
The court upheld the learned Single Judge's ruling that claims not disclosed under the contract clauses and issues related to 'No Claim' certificates are non-recoverable, emphasizing the importance o....
The main legal point established in the judgment is the correct interpretation and application of contractual provisions in arbitration disputes.
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