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C. HARI SHANKAR
National Highway Authority of India (Nhai) – Appellant
Versus
Gvk Jaipur Expressway Pvt. Ltd. – Respondent
JUDGMENT
C. Hari Shankar, J.
1. The National Highways Authority of India (NHAI), by means of the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (the 1996 Act) assails an award dated 6 February 2020, passed by a learned three-member Arbitral Tribunal, whereby the respondent, GVK Jaipur Expressway Pvt. Ltd. (GVK), has been awarded Rs. 21,75,45,640/- along with costs of Rs. 44,76,775/-.
Facts
2. On 3 May 2000, proposals were invited by NHAI from interested bidders for expanding and widening a stretch of the Jaipur- Kishangarh section of NH-8 ("the Project Highway"). The bid offered by a consortium of GVK International NV and M/s B. Seenaiah and Company (Project) Ltd. was accepted by NHAI vide a letter of acceptance (LoA) dated 1 March 2002.
3. As required by the LoA, GVK was incorporated by the consortium to enter into a Concession Agreement (CA) with NHAI. On 8 May 2002, NHAI and GVK entered into the CA for execution of the work of widening of the Project Highway on build, operate and transfer (BOT) basis.
4. The following clauses of the CA are relevant:
"1.2 In this Agreement, unless the context otherwise requires,
(b) references to Indian law shall include
The court affirmed that compensation under Article XXXVI of the Concession Agreement is warranted when a change in law, such as demonetization, disrupts contractual rights, allowing for reasonable lo....
The court affirmed that compensation under Article 35.4 of the Concession Agreement should not depend on whether a competing road opened to traffic before toll collection commenced, necessitating a r....
Appeal against arbitral award – Scope of jurisdiction under Section 34 and Section 37 of Act is not akin to normal appellate jurisdiction – Mere possibility of an alternative view on facts or interpr....
The interpretation of a contract is within the scope and jurisdiction of the Arbitral Tribunal, and the interference is only warranted when the Tribunal has traveled beyond the terms of the contract ....
Compensation for land acquisition excludes Electrical Installation and Public Health costs as they are not recognized under relevant statutes.
The Court can partially set aside an arbitral Award and has limited scope of interference under Section 34 of the Arbitration and Conciliation Act, 1996. The Court cannot modify an Award but can set ....
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