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1 - 10 of 24 (0.44 seconds)Section 2 in The Arbitration Act, 1940 [Entire Act]
Section 31 in The Arbitration Act, 1940 [Entire Act]
The Arbitration Act, 1940
Mcdermott International Inc vs Burn Standard Co. Ltd. & Ors on 12 May, 2006
Be that as it may, this Court in
the said judgment did not have benefit of the judgment of Supreme Court
in case of Indian Farmers Fertilizer Co-operative Limited (supra) and in
case of Mcdermott International Inc. (supra). The said judgment relied
upon by the learned senior counsel for the respondent is thus clearly
distinguishable in the facts of this case and would not assist the case of
the respondent.
M/S Indian Farmers Fertilizer Co ... vs M/S Bhadra Products on 23 January, 2018
33. Learned senior counsel for the respondent made an attempt
to distinguish the judgment of the Supreme Court in the case of Indian
Farmers Fertilizer Co-operative Limited Vs. Bhadra Products (supra)
on the ground that in that matter, the learned arbitrator had decided the
issue finally at the interim stage by rendering partial final award. The
said judgment of the Supreme Court is thus distinguishable in the facts of
this case.
Section 27 in The Arbitration Act, 1940 [Entire Act]
Section 19 in The Arbitration Act, 1940 [Entire Act]
Satwant Singh Sodhi vs State Of Punjab & Ors on 26 March, 1999
In so far as the judgment of Supreme Court in case of State
of Rajasthan & Anr. (supra) relied upon by the learned senior counsel
for the petitioner (original respondent) is concerned, the Supreme Court
in the said judgment had considered the matter under the provisions of
Arbitration Act, 1940. Be that as it may, the learned arbitrator under
Section 31(7) of the Arbitration and Conciliation Act, 1996 has powers to
award interest at such rate as it deems reasonable on the whole or any part
of the money, for the whole or any part of the period between the date on
which the cause of action arose and on the date on which the award is
made, unless otherwise agreed by the parties. However, under Section
31(7)(a), the learned arbitrator is empowered to award the interest at such
rate as it deems reasonable.
Gail (India) Limited vs Punj Lloyd Limited on 8 May, 2017
70. Learned senior counsel distinguished the judgment of the
Delhi High Court in the case of Gail (India) Limited Vs. Punj Lloyd
Limited (supra) on the ground that in that matter, the facts before the
Delhi High Court were different. Leaned senior counsel submits that
there is no dispute about the proposition of law that the learned arbitrator
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ppn 35 arbp-977.16 wt 978.16.doc
has power to interpret the terms of the contract and if such interpretation
is possible interpretation, the same cannot be substituted by another
possible interpretation. He submits that in this case, learned arbitrator
has awarded claim based only on assumption and not based on the
evidence or by interpretation of terms of the contract.