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IN THE HIGH COURT OF DELHI AT NEW DELHI
SUBRAMONIUM PRASAD, J
M/S JAIPRAKASH ASSOCIATES LIMITED – Appellant
Versus
M/S NHPC LIMITIED – Respondent
| Table of Content |
|---|
| 1. introduction of arbitration petition and factual background. (Para 1 , 2) |
| 2. petitioner's claim for arbitration is maintainable. (Para 4 , 8 , 9) |
| 3. referral court's role under section 11 is limited. (Para 10 , 11 , 12 , 13) |
| 4. court cannot correct arbitrators’ errors. (Para 14 , 15) |
| 5. majority award and its contradictions. (Para 16 , 17 , 18) |
| 6. re-examination of evidence is unnecessary after prior adjudication. (Para 19 , 20 , 21 , 22 , 23) |
| 7. court's duty to prevent misuse of arbitration. (Para 24 , 25 , 26 , 27 , 28) |
| 8. dismissal of petition and public policy considerations. (Para 29 , 30 , 31 , 32 , 33 , 34) |
JUDGMENT :
1. The present Petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter 'Act of 1996') by the Petitioner seeking recommencement of the arbitration and appointment of nominee Arbitrator on behalf of the Respondent to adjudicate upon the disputes which have arisen between the Parties.
i. The Respondent invited bids with regard to execution of Dulhasti Hydro Electric Project on river Chenab at Kishtwar, Jammu and Kashmir. Tenders were invited since the same had been abandoned by a previous awardee namely M/s. Dum
A court under Section 11 of the Arbitration Act validates the existence of arbitration agreements but cannot allow arbitration for disputes already adjudicated without sufficient evidence, preventing....
The claims were notified within the stipulated period and submitted along with the final bill in accordance with Clause 6.6.3.0 of the GCC, making the disputes arbitrable under Clause 9.1.0.0.
The court held that the validity of claims and the arbitrability of related disputes must be referred to arbitration, rejecting the respondent's claims of non-compliance with contractual protocols li....
The main legal point established in the judgment is that all disputes capable of resolution by arbitration should be referred to the Arbitral Tribunal, and the scope of examination by the Court exerc....
The court reaffirmed that the existence of an arbitration agreement must be established, and disputes should generally be referred to arbitration unless clearly non-arbitrable.
(1) Invocation of arbitration – Execution of discharge voucher – There is no rule of absolute kind which precludes arbitration in cases where a full and final settlement has been arrived at.(2) Invoc....
The existence of an arbitrable dispute, the validity of the arbitration agreement, and the existence of an arbitrable dispute are to be determined by the arbitral tribunal.
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