Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Work contract - Claim of amount towards additional expenditure for maintenance of road - Cause of action arose subsequently due to diversion of traffic due to which contractor was required to incur additional expenditure for maintenance of road - Contractor thus, entitled to loss on..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Work contract - Claim of amount towards additional expenditure for maintenance of road - Arbitrator should not have awarded amount of Rs.45,000 per Km per Month beyond the time period of additional traffic, as additional traffic cease to exist w.e.f Jan 2008 - To that extent award passed..........
Arbitration and Conciliation Act, 1996, Section 33 -- Arbitral award - Arbitrator cannot modify award in exercise of powers u/s 33 of the Act - Only in a case of arithmetical and/or clerical error, award can be modified and such errors only can be corrected...........
Arbitration and Conciliation Act, 1996, Section 37 -- Appeal - Arbitral award - Jurisdiction of High Court u/s 37 of the Act is distinct from jurisdiction in a first appeal arising out of a decree in a civil suit - High Court committed error in reversing judgment of District Judge in decreeing claim in its entirety - Award of arbitrator was challenged unsuccessfully by..........
Arbitration and Conciliation Act, 1996, Section 34(2A), 37 -- Arbitral award - Setting aside - Grounds available for setting side an award u/s 34(2-A) of the Act, can be invoked by Court on its own, in exercise of jurisdiction vested in it u/s 37 of the Act...........
Arbitration and Conciliation Act, 1996, Section 34(2A), 28(3) -- Arbitral award - Setting aside - Patent illegality - Sole Arbitrator failed to decide the matter in accordance with terms of contract governing parties, which would certainly attract "patent illegality ground" - Said oversight amounts to gross contravention of S.28(3) of the Act - Arbitral award held, set..........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitral award - Rate of interest - Arbitrator has substantial discretion in awarding interest u/s 31(7) of the Act...........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitral award - Rate of interest - Arbitrator granted 18% interest per annum - District Judge reducing the rate of interest to 12% per annum - High Court reduced the rate of interest to 9% per annum - No reason and grounds given to reduce the rate of interest - Rate of interest as awarded by District Judge restored...........
Arbitration and Conciliation Act, 1996, Section 48 -- Foreign arbitral award - Enforcement - Foreign arbitration award is enforceable against non-signatories to arbitration agreement...........
Arbitration and Conciliation Act, 1996, Section 48 -- Foreign arbitral award - Enforcement - Non-signatory`s objection cannot possibly fit into S.48(1)(a) of the Act...........
