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IN THE HIGH COURT OF JUDICATURE AT MADRAS
THE CHIEF JUSTICE, CJ
Indo Pacific Software & Entertainment Ltd. – Appellant
Versus
Kone Corporation, Finland – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. scope of challenge under arbitration law (Para 9 , 10 , 11) |
| 3. issues framed by the arbitrator (Para 12 , 13 , 14) |
| 4. court's findings on arbitrator's award (Para 15 , 16) |
| 5. interpretation of contract clauses (Para 18 , 19 , 20 , 21) |
| 6. finality of court's previous decision (Para 22 , 23 , 24) |
| 7. limits of arbitrator's jurisdiction (Para 25 , 26 , 27) |
| 8. consideration of claim for damages (Para 28 , 29) |
| 9. validity of clauses excluding damages (Para 30 , 31) |
| 10. nature of damages claimed (Para 32 , 33 , 34 , 35) |
| 11. errors in damages awarded (Para 36 , 37 , 38) |
| 12. court's power to modify awards (Para 39 , 40 , 41) |
| 13. final decision of the court (Para 42) |
THE CHIEF JUSTICE
Appellant is engaged in the business of engineering and construction and provides comprehensive technical and allied services for infrastructure development. First respondent is engaged in the business of manufacture and supply of elevators and escalators, and maintenance thereon under the collaboration with Kone Corporation, Finland.
2. Appellant was also in the business of constructing and managing entertainment complexes. It needed el
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