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IN THE HIGH COURT OF DELHI AT NEW DELHI
NAVIN CHAWLA, SHALINDER KAUR
Aptec Advanced Protective Technologies Ag – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
NAVIN CHAWLA, J.
1. This appeal has been filed by the appellant under Section 13(1A) of the Commercial Courts, Act, 2015 read with 37 of the Arbitration and Conciliation Act, 1996 (in short "A&C Act") challenging the Judgment dated 20.08.2024 (hereinafter referred to as "Impugned Judgment") passed by the learned Single Judge of this Court in O.M.P. (COMM) 216/2020 titled APTEC Advanced Protective Technologies Ag v. Union Of India (hereinafter referred to as "Section 34 Petition") whereby, the learned Single Judge has dismissed the petition filed under Section 34 of A&C Act by the appellant herein, holding that the decision dated 18.11.2010 of the learned Sole Arbitrator dismissing the four applications, bearing no. Nos. 1, 2, 3 and 4 of 2009, filed by the appellant herein inter alia seeking discovery of certain additional documents from the respondent, was not an "Award" and therefore, petition filed under Section 34 of the A&C Act to challenge the same was not maintainable.
2. The appellant had challenged the decision dated 18.11.2010 of the learned Sole Arbitrator vide Section 34 Petition before the learned Single Judge of this Court, contending therein that the decis
An arbitrator's decision that conclusively determines substantive issues between parties qualifies as an interim award under the Arbitration and Conciliation Act, making it subject to challenge.
Not every procedural order by an Arbitral Tribunal constitutes an interim award; only orders that finally adjudicate substantive disputes qualify for challenge under Section 34 of the Arbitration and....
A petition under Section 34 of the Arbitration Act against an interim award is maintainable where the order determines rights or forecloses a party's defense.
Inconsistent findings across arbitral awards do not provide grounds for setting aside an award under Section 34 of the Arbitration & Conciliation Act, 1996.
Point of Law : On appreciation of evidence is the realm of the Tribunal and that court under Section 34 cannot re-appreciate evidence as is done in civil appeals and that it is only when Tribunal bas....
The scope of interference with an arbitral award is confined to the grounds mentioned in Section 34(2) of the Arbitration and Conciliation Act, 1996, and proper reasons must be provided in the judgme....
The court affirmed that an entity can claim compensation for work performed under a non-finalized contract if the work was conducted at the direction of another party, underscoring the principle of q....
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