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IN THE HIGH COURT OF DELHI AT NEW DELHI
AVNEESH JHINGAN
Steel Authority Of India Limited – Appellant
Versus
Primetals Technologies India Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. challenge to an arbitral award under section 34 (Para 1 , 2) |
| 2. petitioner's argument on limitation and contract interpretation (Para 3) |
| 3. respondent's defense against petitioner's claims (Para 4) |
| 4. tribunal's reasoning on deductions and contract terms (Para 7 , 8 , 9 , 10) |
| 5. scope of interference under section 34 (Para 11) |
| 6. conclusion on tribunal's decision and lack of grounds for interference (Para 12 , 13) |
| 7. final dismissal of the petition (Para 14) |
JUDGMENT :
AVNEESH JHINGAN, J.
1. This petition is filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for short 'the Act') challenging the arbitral award dated 28.08.2024 read with the addendum dated 22.11.2024.
FACTS
2. The brief facts are that the parties to the lis entered into a contract on 03.03.2008 for setting up a Hot Dip Galvanising Line (HDGL) and Electrolytic Cleaning Line (ECL). The contract amount was Rs.223,78,09,443/- for HDGL and Rs.67,77,77,720/- for ECL and was to be executed within twenty-eight months. The projects were successfully commissioned by the respondent on 26.06.2018 and 20.02.2017 respectively. The final acceptance certificates were issued on 05.05.2023 and 15.02.2019 r
The court confirmed that under Section 34 of the Arbitration Act, an arbitral award can only be set aside on narrow grounds, emphasizing the interpretation of contract terms is primarily for the arbi....
The court emphasized that arbitrators must operate within the contractual provisions; awards can be overturned if arbitrators act beyond their jurisdiction, particularly regarding deductions not expl....
An arbitral award cannot be set aside for lacking elaborate reasoning but must provide intelligible bases; deductions for shortfall in MGCC are impermissible without clear contract provisions.
In terms of Section 21 of the A&C Act, the arbitral proceedings commence on the date of receipt of notice invoking the arbitration agreement.
Point of law: In terms of Section 21 of the A&C Act, the arbitral proceedings commence on the date of receipt of notice invoking the arbitration agreement.
The inapplicability of the ground of patent illegality to international commercial arbitration and the importance of interpreting specific contractual clauses in determining the validity of claims an....
The interpretation of the contract as given by the Arbitral Tribunal is to be accepted if plausible, and the court should be slow in interfering with concurrent findings unless there is apparent perv....
The court emphasized that an arbitral award must be reasoned and address core contractual issues, with judicial intervention restricted to cases of patent illegality under Section 34 of the Arbitrati....
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