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M. SUNDAR
Carbonaire Industries Madras Private Limited, Chennai – Appellant
Versus
Express Infrastructure Private Limited, Chennai – Respondent
JUDGMENT
(Prayer: Petitioner filed under Section 34 (2)(b)(ii) and 34(2A) of Arbitration and Conciliation Act, 1996 to set aside the award passed by the Arbitral Tribunal dated 21.12.2021 passed by sole arbitrator.)
1. A unsuccessful claimant before an 'Arbitral Tribunal' ['AT' for the sake of brevity] constituted by a sole Arbitrator is the protagonist of the captioned 'Arbitration Original Petition' ('Arb.OP' for the sake of brevity), which has been presented in this Court on 17.03.2022 assailing an 'arbitral award dated 21.12.2021' [hereinafter 'impugned award' for the sake of convenience and clarity].
2. Mr.M.S.Krishnan, learned Senior Advocate instructed by Mr.Prasad Vijayakumar, counsel on record for the petitioner in the captioned Arb.OP is before this Court.
3. Short facts shorn of granular particulars will suffice as this is a Section 34 legal drill. Short facts are that the petitioner (hereinafter 'CIMPL' denoting 'Carbonaire Industries Madras Private Limited') and the respondent (hereinafter 'EIPL' denoting 'Express Infrastructure Private Limited') entered into a 'Power Purchase Agreement dated 13.06.2019' (hereinafter 'PPA' for the sake of brevity); that this PPA is the nuc
The judgment emphasizes the limited scope of judicial intervention in Section 34 proceedings and the importance of upholding arbitral awards, highlighting the principles of public policy and the inte....
Clauses in contracts that prohibit claims for damages are against public policy and void under Section 23 of the Indian Contract Act, 1872, as they undermine the sanctity of contracts.
The Court held that the Arbitral Award does not suffer from any infirmities enshrined in Section 34 of the Act. The Impugned is not in conflict with the public policy of India. Further, the learned T....
The main legal point established in the judgment is the importance of adhering to the terms of the contract, the 'Entire Agreement Clause', and trade usages in arbitration proceedings.
Point of Law : Award could also be set aside if it is so unfair and unreasonable that it shocks the conscience of the court. Such award is opposed to public policy and is required to be adjudged void....
The court affirmed that claims for breach of contract are subject to statutory limitation periods, which cannot be extended by claims of continuing breaches.
The court can set aside an arbitral award under Section 34 if it violates substantive law, contract terms, or public policy, especially when procedural requirements aren't met or if the award is pate....
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