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IN THE HIGH COURT OF DELHI AT NEW DELHI
HARISH VAIDYANATHAN SHANKAR
Gorkha Security Services – Appellant
Versus
Directorate Of Health Services – Respondent
| Table of Content |
|---|
| 1. factual background regarding the arbitration (Para 1 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 2. arguments presented by the petitioner concerning claim no. 4 (Para 16 , 17 , 18 , 20 , 21) |
| 3. scope of court's jurisdiction under section 34 (Para 28 , 29 , 30 , 31 , 32) |
| 4. judgment criteria for arbitral awards and reasoning requirements (Para 33 , 34 , 35 , 36 , 44) |
| 5. decision to allow the petition and remand the matter (Para 54 , 55 , 56) |
JUDGMENT :
HARISH VAIDYANATHAN SHANKAR, J.
1. The present petition has been filed under Section 34 (2) of the Arbitration and Conciliation Act, 1996 , [Act], seeking to set aside the Arbitral Award dated 18.08.2017 , [Impugned Award], to the extent of the Petitioner's claims which were rejected or not considered, passed by the learned Arbitral Tribunal in the matter titled “M/s Gorkha Security Services v. Directorate of Health Services”.
2. At the outset, it is noted that during the course of oral arguments, the Petitioner expressly confined its submissions solely to the findings rendered by the learned Arbitrator in respect of Claim No.4 in the Impugned Award.
BRIEF FACTS:
3. The Directorate of Health Services, Respondent, u
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An arbitral award can only be set aside under Section 34 of the Arbitration and Conciliation Act, 1996 if the appellant establishes that the award is in conflict with the public policy of India, is p....
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(1) Appeal against modified arbitral award – Merits of award are only to be gone into, if award is demonstrated to be contrary to public policy of India.(2) Arbitral proceedings are per se not compar....
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