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1 - 6 of 6 (0.31 seconds)Associate Builders vs Delhi Development Authority on 25 November, 2014
In Associate Builders v. Delhi Development Authority (supra), the
Supreme Court has emphasised that on questions of fact, the view of the
learned Arbitrator would be final. The following observations in the said
decision are relevant:
Oil & Natural Gas Corpn.Ltd vs Western Geco International Ltd on 4 September, 2014
In
that process, it extracted certain passages from the earlier decision in ONGC
Ltd. v. Western Geco International Ltd. 2014 (9) SCC 263. In para 40 of
that judgment, it was observed as under:
Kuldeep Singh vs The Commissioner Of Police & Ors on 17 December, 1998
23. A reference was also made in Associate Builders v. Delhi Development
OMP No. 426 of 2008 Page 19 of 35
Authority (supra) to the decisions in Kuldeep Singh v. Commissioner of
Police (1999) 2 SCC 10 and P.R. Shah, Shares & Stock Brokers (P) Ltd. v.
B.H.H. Securities (P) Ltd., (2012) 1 SCC 594, where it was reiterated that
the Court does not sit in appeal over the Award of an Arbitral Tribunal by
reassessing or re-appreciating the evidence. It was reiterated that the Award
could be challenged only on the grounds mentioned under Section 34(2) of
the Act. Inter alia it was observed that "an Arbitral Tribunal must decide in
accordance with the terms of the contract, but if any arbitrator construes a
term of the contract in an unreasonable manner, it will not mean that the
Award can be set aside on this ground. Construction of the terms of a
contract is primarily for an arbitrator to decide unless the arbitrator construes
the contract in such a way that it could be said to be something that no fair-
minded or reasonable person could do." It was further reiterated that "once it
is found that the arbitrator's approach is not arbitrary or capricious, then he
is the last word on facts." The Supreme Court also reiterated that "an award
can be said to be against justice only when it shocks the conscience of the
Court." The Court observed that it is settled law that where a finding is
based on no evidence, and the AT takes into account something irrelevant to
the decision which it arrives at, or ignores vital evidence in arriving at its
decision, such decision would be termed as perverse.
P.R. Shah Shares & Stock Brokers (P)Ltd vs M/S. B.H.H. Securities (P) Ltd. & Ors on 14 October, 2011
23. A reference was also made in Associate Builders v. Delhi Development
OMP No. 426 of 2008 Page 19 of 35
Authority (supra) to the decisions in Kuldeep Singh v. Commissioner of
Police (1999) 2 SCC 10 and P.R. Shah, Shares & Stock Brokers (P) Ltd. v.
B.H.H. Securities (P) Ltd., (2012) 1 SCC 594, where it was reiterated that
the Court does not sit in appeal over the Award of an Arbitral Tribunal by
reassessing or re-appreciating the evidence. It was reiterated that the Award
could be challenged only on the grounds mentioned under Section 34(2) of
the Act. Inter alia it was observed that "an Arbitral Tribunal must decide in
accordance with the terms of the contract, but if any arbitrator construes a
term of the contract in an unreasonable manner, it will not mean that the
Award can be set aside on this ground. Construction of the terms of a
contract is primarily for an arbitrator to decide unless the arbitrator construes
the contract in such a way that it could be said to be something that no fair-
minded or reasonable person could do." It was further reiterated that "once it
is found that the arbitrator's approach is not arbitrary or capricious, then he
is the last word on facts." The Supreme Court also reiterated that "an award
can be said to be against justice only when it shocks the conscience of the
Court." The Court observed that it is settled law that where a finding is
based on no evidence, and the AT takes into account something irrelevant to
the decision which it arrives at, or ignores vital evidence in arriving at its
decision, such decision would be termed as perverse.
Section 11 in The Arbitration And Conciliation Act, 1996 [Entire Act]
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