M.SUNDAR
Board of Trustees of the Port of Chennai – Appellant
Versus
X-Press Container Line (UK) Ltd. Mumbai – Respondent
JUDGMENT :
M. SUNDAR, J.
Prayer: Original Petition filed under Section 34(2) of the Arbitration and Conciliation Act, 1996 to set aside the majority Arbitration Award dated 14.09.2013 passed by the 2nd and 3rd respondent arbitrators.
1. Over one decade and one year ago or in other words more than 11 years ago, to be precise on 13.04.2009 captioned ‘Original Petition’ (‘OP’ for the sake of brevity) was presented in this Court. ‘The Arbitration and Conciliation Act, 1996 (Act 26 of 1996)’ shall hereinafter be referred to as ‘A and C Act’ for the sake of brevity/convenience and captioned OP is an application under Section 34 of A and C Act.
2. Arbitral award, which is sought to be set aside in instant OP is dated 17.01.2009 (hereinafter ‘impugned award’ for the sake of convenience) and the impugned award was made by a three member ‘Arbitral Tribunal’ (‘AT’ for the sake brevity). To be noted, impugned award is a unanimous award, but two Arbitrators have given additional reasons.
3. 11 years is a long time in one tier of litigation and in this sense of the matter, case on hand is vintage and can even be described as ancient owing to arbitration being one of the important pillars of Alternate
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