National Highway Authority of India vs Continental Engineering Corporation

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
PRATEEK JALAN
National Highway Authority of India – Appellant
Versus
Continental Engineering Corporation – Respondent

Table of Content
1. context of the arbitration petition and claims. (Para 1 , 2)
2. arguments about validity of claims and contract terms. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12)
3. court's reasoning on public policy and merits. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23)
4. final dismissal of the petition. (Para 24)

JUDGMENT

Prateek Jalan, J. (Oral)--The present petition under Section 34 of the Arbitration and Conciliation Act, 1996, [hereinafter, "the Act"] is directed against an arbitral award dated 08.06.2018 by which a three member tribunal adjudicated disputes arising out of a contract dated 20.02.2007 for work of "Rehabilitation and upgrading of existing 2-lane road to 4 lane divided carriageway configuration from km 293.400 to km 336.000 Hyderabad-Bangalore section of NH-7 in the State of Andhra Pradesh on North-South Corridor, Contract Package No./ADB-II/C12" [hereinafter, "the Contract"].

2. The challenge of the petitioner -National Highways Authority of India [hereinafter, "NHAI"] is restricted to two claims which were awarded by the Tribunal against it:

a. Claim No.1: Payment of 150 mm thick embankment quantity under Bill of Quantities [hereinafter,

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DELHI HIGH COURTPRATEEK JALANNational Highway Authority of India – AppellantVersusContinental Engineering Corporation – Respondent

DELHI HIGH COURT
PRATEEK JALAN
National Highway Authority of India – Appellant
Versus
Continental Engineering Corporation – Respondent