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DELHI HIGH COURT
JYOTI SINGH
Jupiter Rubber Pvt. Ltd. – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. overview of arbitration proceedings and claims. (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding liquidated damages (ld) imposition. (Para 5 , 20 , 21 , 22 , 24) |
| 3. discussion on jurisdiction and powers of the arbitrator. (Para 26 , 27 , 28) |
| 4. counterarguments against arbitrator's decision on ld and interest. (Para 32 , 34) |
| 5. analysis on implications of proof of loss in contract breaches. (Para 35 , 37 , 39) |
| 6. clarification on arbitrary discretion concerning proof of damages. (Para 41 , 42) |
| 7. final judgment upholding part of the award while dismissing claims. (Para 46 , 48 , 50) |
JUDGMENT
1. Both these petitions have been filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as `Act') challenging the Award dated 26.05.2017 passed by the Arbitral Tribunal. O.M.P. (COMM) 365/2017 has been filed by Jupiter Rubber Private Limited challenging part of the Award wherein imposition of Liquidated Damages has been upheld by the Arbitrator though with reduction from 10% to 3% as also challenging the rejection of the Claim of interest on delayed payments.
2. OMP(COMM) No. 54/2019 has been filed by the Union of India challenging the Award to
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