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DELHI HIGH COURT
VIBHU BAKHRU
Gupta and Co. – Appellant
Versus
Delhi Development Authority – Respondent
| Table of Content |
|---|
| 1. factual background of the contract and disputes (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 2. claims and awards by the arbitral tribunal (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 3. issues with the arbitral tribunal's award reasoning (Para 24 , 25 , 27) |
| 4. requirement of reasoning in arbitral awards (Para 28 , 29) |
| 5. setting aside of the impugned award (Para 32 , 33 , 34 , 35) |
JUDGMENT
[Hearing held through video conferencing]
Vibhu Bakhru, J. (Oral)--The petitioner has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter the `A&C Act`) impugning an arbitral award dated 02.12.2020 to the extent that the Arbitral Tribunal has not awarded pre-reference interest in respect of petitioner`s Claim Nos. 1 to 4.
2. The respondent (hereinafter `the DDA`) had issued a notice inviting tenders for the work of "Construction of 1600 SFS houses category II & III at Trilok Puri, Pocket `B' SH: Construction of 160 SFS houses category II & III 80 Nos. Two bedroom category II, 80 nos. three bedroom category III & 120 scooter garages under SFS pocket `E' including internal development Group V".
3. Subs
Point of Law : Arbitration and Conciliation - Application for set aside Arbitral Award - Claim for pre-reference interest on Claims - While Arbitral Tribunal has awarded interest on amounts that were....
The Arbitral Tribunal's jurisdiction to consider claim amounts and reject specific claims under the Arbitration and Conciliation Act, 1996.
The arbitral tribunal's decision to deny claims for damages due to lack of supporting evidence is valid under Section 34 of the Arbitration and Conciliation Act, emphasizing minimal judicial interfer....
The main legal point established in the judgment is that the decision of the Arbitral Tribunal must be based on evidence and material on record, and the Court will not interfere with the award unless....
The Arbitral Tribunal's interpretation of contract terms must be reasonable, and interest on interest is impermissible under the Arbitration and Conciliation Act, 1996.
The main legal point established in the judgment is the limited grounds for challenging arbitral awards under Section 34 of the A&C Act, emphasizing the principles of public policy and fundamental In....
The contractor bears the burden to substantiate claims for bonuses and reimbursement of costs, with courts limited to reviewing arbitral findings unless there is clear evidence of patent illegality.
An arbitral award must be reasoned per Section 31(3) of the Arbitration and Conciliation Act; failure to provide reasons for rejecting claims renders the award arbitrary and subject to being set asid....
Grant of interest – Power of Arbitrator to award pre-reference and pendente lite interest is not restricted when agreement is silent on whether interest can be awarded or does not contain a specific ....
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