Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Arbitrable dispute - Extended stay compensation - Contractor was required to mention the rate of extended stay compensation which was mentioned as "NIL" in the bid - Thus petitioner had agreed to fore go its claim to extended stay compensation in the event the period of performance of the..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Payment of additional works - The same was to be decided by Engineer-i, chief whose decision was final and binding - Finality attached to such a decision cannot be an unilateral act beyond the pale of further scrutiny - Justifiability of such a decision though stated to be final, must, be..........
Arbitration Act, 1940, Section 37, Limitation Act, 1963, Section 5, 14, Civil Procedure Code, 1908, Section 151 -- Limitation - Notice had been issued to petition on 17.07.2007 and objections had been filed on 21.09.2007 whereas original award was produced by Arbitrator on 14.11.2007, thereafter no objections had been filed and all were well aware of proceedings - held, it..........
Constitution of India, 1950, Article 226, 227 -- Writ - Certiorari - It is meaningless that Secretary/Arbitrator had misconduct himself by awarding claims not agreed to between the parties - If claims had been agreed, there is not even a scope for the adjudication - Reasoning of the Secretary that only in the case of disputed claims that any adjudication becomes necessary...........
Natural justice -- Principle - Material to show that enquiry went over more than a year and there have been several hearings where both parties had participated in personal hearing conducted before Arbitrator - The requirement of the award to be in accordance with justice, equity and good conscience cannot be stretched to expect also pointed reasoning for his ultimate..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Insurance policy - When payment is accepted in full and final settlement of claim and letter of subrogation and discharge is signed, bald plea of duress, coercion and undue influence cannot be taken by invoking S.11 of Act as no arbitrable dispute existed between parties - High Court was not..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Public policy Test - When a Court is applying public policy test to an arbitration award it does not act as a Court of appeal and errors cannot be corrected - Arbitrator is ultimate master of quantity and quality of evidence to be relied upon when he delivers arbitral award - Award based..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Public policy of India - Award against justice and morality - Interference on these grounds warranted only if something shocks the Court's conscience - Expression `justice' cannot possibly include what Court thinks is unjust on facts of case for which it then seeks to substitute its..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Arbitral tribunal must decide in accordance with the terms of contract but if an arbitrator construes a term of contract in reasonable manner, it will not mean that award can be set aside on this ground...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Division Bench committed error by setting aside arbitral award by taking into facts which were neither pleaded nor proved before Arbitrator - It is not possible for a Bench hearing an objection against arbitral award to do `rough and ready justice' - Award read as a whole is just, fair..........
