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DELHI HIGH COURT
VIBHU BAKHRU
Armtech (India) Limited – Appellant
Versus
Gail (India) Limited – Respondent
| Table of Content |
|---|
| 1. overview of disputes and contract execution (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. invocation of arbitration by armtech (Para 12 , 13) |
| 3. claims and counterclaims summary (Para 14 , 15 , 16) |
| 4. tribunal's observations on claims (Para 17 , 18 , 19) |
| 5. discussion on claim no.3 (Para 20 , 21 , 22 , 23 , 24) |
| 6. contested issues on delay and prs (Para 25 , 26 , 27) |
| 7. analysis of tribunal's conclusions on delays (Para 28 , 29 , 30 , 31 , 32) |
| 8. judicial review limits under a&c act (Para 33) |
| 9. findings on gail's counterclaims (Para 35 , 39 , 40) |
| 10. counterclaims related to execution of works (Para 41 , 42 , 43) |
| 11. claims rejected on lack of evidence (Para 44 , 50 , 51 , 52 , 53) |
| 12. interest claims and tribunal's discretion (Para 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61) |
| 13. final order on claim adjustment (Para 63) |
| 14. conclusion of the judgments (Para 64) |
JUDGMENT
Vibhu Bakhru, J.
1. The aforesaid petitions are cross petitions under Section 34 of the Arbitration & Conciliation Act, 1996 (hereafter the `A&C Act') impugning the Arbitral Award dated 24.09.2019 (hereafter the `impugned award') rendered by an Arbitral Tribunal constituted of Justice (Retd.) V.K. Gupta
The court reaffirmed the need for parties to substantiate claims with primary evidence in arbitration proceedings while respecting the arbitrator's discretion unless a clear patent illegality is prov....
The Arbitral Tribunal's decision to award refunds related to price reductions and bank charges was upheld, demonstrating the limited grounds for court interference under the Arbitration and Conciliat....
The termination of a contract can be deemed wrongful if it is primarily due to the actions of the party seeking termination and if the party fails to provide essential documentation or withholds paym....
The main legal point established in the judgment is that the decision of the arbitral Tribunal is entitled to substantial discretion in awarding interest, and the court does not sit as the first appe....
The issuance of a No Claim Certificate under coercion does not negate a party's claims, and contractual requirements for communication in risk transfer are mandatory.
The No Claim Certificate was invalid due to coercion, allowing the party to assert claims under the contract notwithstanding the issuance of such certificate.
The court upheld the validity of the arbitration agreement while emphasizing the necessity of clear evidence for quantifying damages, ruling that claims for compound interest were not accounted for i....
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.
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.
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