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IN THE HIGH COURT OF DELHI AT NEW DELHI
HARISH VAIDYANATHAN SHANKAR
Mahanagar Telephone Nigam Limited – Appellant
Versus
Nokia Solutions and Network India Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. setting aside an arbitral award under section 34 (Para 1 , 2) |
| 2. petitioner argues essentiality of gd tubes in supplies (Para 3 , 8) |
| 3. limited jurisdiction of court in arbitral review (Para 4 , 5 , 6) |
| 4. court respects arbitral findings unless perverse (Para 9 , 10) |
| 5. court cannot reappraise evidence or interpretation (Para 11 , 12 , 14) |
| 6. dismissal of petition due to lack of merit (Para 15) |
JUDGMENT :
HARISH VAIDYANATHAN SHANKAR, J.
1. The present Petition has been instituted under Section 34 of the Arbitration and Conciliation Act, 1996 , A&C Act, read with Section 151 of the Code of Civil Procedure, 1908, seeking setting aside of the Arbitral Award dated 11.03.2016 , Impugned Award passed by the learned Sole Arbitrator.
2. The challenge in the present proceedings is directed primarily against the findings recorded in the Impugned Award, in particular those relating to the adjudication of Claims A to E. The Petitioner seeks to assail the conclusions arrived at by the learned Arbitrator under these heads. The relevant extract of the Impugned Award pertaining to Claims A to E is reproduced hereunder:
“Claims A to E
The main question before the Tribunal, therefore, is w
The court affirmed that limited judicial review under Section 34 of the Arbitration Act does not allow for re-evaluation of arbitration awards unless they are demonstrably perverse, illegal, or devoi....
The court upheld the validity of the arbitral award, emphasizing limited grounds for judicial interference and the necessity of demonstrating clear error or illegality.
Judicial review under Section 34 of the Arbitration and Conciliation Act is limited to assessing non-compliance with public policy or blatant errors; arbitral awards will not be disturbed unless they....
The limited grounds for interference with an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, emphasize the concept of patent illegality and the criteria for setting asi....
The limited scope of intervention by Courts in arbitral awards under Section 34 of the Arbitration and Conciliation Act, emphasizing the need to satisfy specific grounds for setting aside an arbitral....
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