Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Public policy of India - None of the grounds contained in S.34(2)(a) of Arbitration Act deal with merits of decision rendered by arbitral award - It is only when award is in conflict with public policy of India then merits of an arbitral award are to be looked into under certain..........
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..........
Arbitration and Conciliation Act, 1996, Section 31(7)(a)(b) -- Award - S.31(7)(a) of Act provides that Award for payment of money may be inclusive of interest and "sum" of principle amount plus interest may be directed to be paid by Arbitral Tribunal for pre-award period - Vide S.31(7)(b) of Act sum so directed to be made by Award shall carry interest at certain rate for..........
Arbitration and Conciliation Act, 1996, Section 31(7)(a) -- Award - Interest - Amount awarded u/s 31(7)(a) of Act, whether with interest or without interest constitutes a sum for which award is made...........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Grant of interest on interest - While exercising power u/s 31(7) of Act expression grant of interest on interest does not arise and therefore, Arbitral Tribunal is well empowered to grant interest even in absence of clause in contract for grant of interest...........
Arbitration and Conciliation Act, 1996, Section 34, 11(6) -- Arbitration award - Setting aside - As per arbitration clause only a Gazetted Railway Officer could have been appointed as an arbitrator - Appointment of former Judge of High Court, with consent of parties - Held, once consent for appointment of a former Judge of High Court is given it can be presumed that there..........
Arbitration and Conciliation Act, 1996, Section 34, 11(6) -- Arbitration award - Setting aside - As per arbitration clause only a Gazetted Railway Officer could have been appointed as an arbitrator - Appointment of former Judge of High Court with consent of parties - Held, once consent is given then validity of award cannot be challenged on the ground that Arbitrator was..........
Arbitration and Conciliation Act, 1996, Section 11, 14, 15, 32 -- Appointment of sole arbitrator - Challenge to mandate of Arbitrator Tribunal - Arbitral Tribunal failed to perform its function - No justification reasons which shows the inability of the members of Tribunal to proceed in the matter as matter lingered on for almost 4 years - Members did not mend their ways..........
