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CHANDRA DHARI SINGH
Dedicated Freight Corridor Corporation of India Limited (dgccil) – Appellant
Versus
Tata Aldesa JV – Respondent
JUDGMENT
Chandra Dhari Singh, J.
1. The instant petition under Section 34 of the Arbitration and Conciliation Act, 1996 (`the Act' hereinafter) has been filed against the final Award dated 11th September, 2020 whereby the Arbitral Tribunal allowed the claims filed by the respondent/claimant.
FACTUAL MATRIX
2. The petitioner is a special purpose vehicle established in 2006 under the erstwhile Companies Act, 1956, for the purpose of planning and development, mobilizing financial resources, building, maintaining, and operating dedicated freight corridors and is under the administrative control of the Ministry of Railways.
3. The respondent/claimant is an unincorporated joint venture referred to as Tata-Aldesa Joint Venture (`Tata-Aldesa JV' hereinafter) comprising of Tata Projects Limited having office at Secunderabad, India and Aldesa Constructions, a private company incorporated in accordance with the Spanish Laws, having its registered office in Spain.
4. The petitioner undertook a project pertaining to "Design and Construction of Civil, Structures and Track Works for Double Line Railway involving formation in Embankments/Cuttings, Ballast on formation, Track Works, Bridges, Stru
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....
The Court held that the learned Arbitrator had erred in decreeing the award with respect to the rate of interest, and hence, the Award qua issue no. 20 with regards to the rate of interest is liable ....
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 court affirmed that arbitral awards challenging under Sections 34 and 37 are limited in scope, requiring clear evidence of illegality or perversion; otherwise, the Arbitrator's decision stands.
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....
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