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IN THE HIGH COURT OF KERALA AT ERNAKULAM
NITIN JAMDAR, C.J., BASANT BALAJI
Cochin Port Trust, Represented By Its Chief Engineer – Appellant
Versus
East India Engineers, Represented By Its Proprietor Vineeth Sharama – Respondent
| Table of Content |
|---|
| 1. challenge to arbitration award (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. arguments on jurisdiction and grounds for setting aside award (Para 10 , 11 , 12 , 13 , 14) |
| 3. analysis of patent illegality and public policy (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40) |
| 4. partial allowance of appeal based on severability (Para 41) |
JUDGMENT :
1. This Appeal challenges the dismissal of O.P.(Arb.) No.70 of 2020 by the Commercial Court, Ernakulam. The Original Petition, filed by the Appellant (then Petitioner) against the Respondent under Section 34 of the Arbitration and Conciliation Act, 1996, (the Act) sought to overturn an arbitration award dated 26 March 2018.
3. The contractual period was subsequently extended on multiple occasions, with the Appellant expressly reserving its right to claim Liquidated Damages (LD) as per Clause 2 of the General Conditions of Contract (GCC). For Part 2 of the works, the Appellant was obligated to supply only granite red stone, as the rubble recovered from the existing soling was to be utilized for the new soling work, with the Appellant supplying only the de
An arbitral award can be set aside if it is patently illegal and contrary to public policy, especially when it exceeds the Arbitrator's jurisdiction by applying rates not stipulated in the contract.
The judgment emphasizes the limited grounds for interference with arbitral awards under Section 34 of the Arbitration and Conciliation Act, highlighting the need for restraint by courts while examini....
The court affirmed that under Section 34 of the Arbitration and Conciliation Act, 1996, it cannot reassess the merits of an arbitral award unless it violates public policy or is patently illegal.
The court can interfere with an Arbitral Award if it is contrary to public policy, patently illegal, unfair, or unreasonable. The award must not be in conflict with the fundamental policy of Indian l....
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....
The main legal point established in the judgment is that the court should not interfere with an arbitral award unless the arbitrator's conclusions are arbitrary, capricious, or perverse. The court's ....
The judgment emphasizes the limited scope of interference with arbitral awards and the principle that courts should not interfere with arbitral awards unless there is a patent illegality or violation....
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