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DELHI HIGH COURT
VIBHU BAKHRU
NTPC Ltd. – Appellant
Versus
Larsen and Toubro Limited – Respondent
JUDGMENT
Vibhu Bakhru, J. The parties have filed these petitions under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter the `A&C Act') impugning an arbitral award dated 12.06.2020 (hereinafter `the impugned award') delivered by the Arbitral Tribunal constituted of three members, Mr Arun Kumar, I.A.S (Retd.), Justice M.Y. Eqbal (Retd.) and Justice Dr Mukundakam Sharma (Retd.) as the Presiding Arbitrator (hereafter `the Arbitral Tribunal').
2. The controversy in the present case arises in the following context:
2.1. Tenders were invited by NTPC Limited (hereafter `NTPC') for implementation of contracts relating to setting up of the Khargone Super Thermal Power Project (hereinafter `the Project'). The work was divided into three packages as under:
Contract Package 1 : CIF Supply (Indian Port of Entry)
Contract Package 2 : Ex-works (India) Supply
Contract Package 3 : Inland Transportation, Inland Insurance, Civil Works, Structural Works, Installation, Testing & Commissioning of EPC
2.2. Larsen and Toubro Limited (hereafter `L&T') had participated in the bidding process pursuant to the aforesaid notice inviting tenders. L&T's bid for the contracts was accepted a
The Arbitral Tribunal's interpretation of reimbursement based on actual costs incurred due to statutory changes is valid, despite disputes over contract terms, reinforcing the principle of contractua....
Every error of law committed by an arbitral tribunal does not fall within the scope of the patent illegality. However, the Court had also clarified that illegality, which goes to the root of the matt....
Point of law: Scope of examination under Section 34 is limited. The decision of the Arbitral Tribunal regarding consideration and interpretation of the Contract is final and this Court cannot supplan....
Arbitral tribunals have discretion over fact-finding, and courts should not re-evaluate evidence unless decisions violate public policy or involve patent illegality.
Point of law: In terms of Section 21 of the A&C Act, the arbitral proceedings commence on the date of receipt of notice invoking the arbitration agreement.
In terms of Section 21 of the A&C Act, the arbitral proceedings commence on the date of receipt of notice invoking the arbitration agreement.
Arbitration - Application for setting aside of arbitral Award - Award of interest at rate of 18% per annum from date of award is not in consonance with observations made by Arbitral Tribunal, which r....
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