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IN THE HIGH COURT OF DELHI AT NEW DELHI
Harish Vaidyanathan Shankar
Pankaj Mittal – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. applicability of arbitration and conciliation act (Para 1 , 2) |
| 2. appellant's contentions against the award (Para 3 , 4 , 5) |
| 3. court's reasoning on damages and contract breaches (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. limits of judicial intervention in arbitral decisions (Para 19 , 20) |
| 5. dismissal of appeal with no interference (Para 23 , 24) |
JUDGMENT :
HARISH VAIDYANATHAN SHANKAR, J.
1. The present Appeal under Section 37 of the Arbitration and Conciliation Act, 1996, [A&C Act] read with Section 10 of the Delhi High Court Act, 1966, has been preferred challenging the Judgment dated 05.12.2018, [Impugned Judgment] passed by the learned Single Judge of this Court in O.M.P. No. 691/2012, which was filed under Section 34 of the A&C Act. The Appellant seeks to set aside the Impugned Judgment as well as the Arbitral Award dated 22.03.2012, [Award] rendered by the learned Arbitrator, in respect of Claim No. 1 and Counter Claim No. 1.
2. At the outset, it needs to be stated that the learned Single Judge has affirmed the Award passed in favour of the Respondent, meaning thereby that this is an Appeal against two concurrent findings in favour of the Respondent.
CONTENTIONS O
Judicial intervention under the Arbitration Act is limited to reviewing arbitral awards for irrationality or unreasonableness, affirming the arbitrator's authority to award post-award interest and da....
The court emphasized that judicial interference with arbitral awards is strictly limited, focusing only on issues of public policy or jurisdictional errors and cannot re-evaluate the merits of the aw....
Judicial review of arbitral awards under Sections 34 and 37 of the Arbitration Act is significantly limited, focusing solely on jurisdictional errors or procedural irregularities with no reassessment....
The court reaffirmed that judicial intervention in arbitration under Sections 34 and 37 is limited to ensuring no substantial legal errors occurred, emphasizing the importance of respecting the arbit....
Judicial scrutiny under the Arbitration and Conciliation Act is limited; courts must respect arbitral awards unless proven to violate public policy or statutory obligations, affirming the principle t....
Arbitrator has discretion to grant post-award interest – If Arbitrator does not grant post-award interest, award holder is entitled to post-award interest at eighteen percent.
(1) Appeal against Arbitral Award – Grant of post-award interest is conditional in nature and operates as a deterrent against delayed payment, rather than as an automatic or punitive imposition of po....
The court upheld the arbitral award, affirming that contractual obligations prevail over departmental instructions, and emphasized the limited scope of appellate review under the Arbitration and Conc....
Section 31(7)(a) of Act deals with grant of pre-award interest.
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