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1 - 8 of 8 (0.79 seconds)Section 37 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Mcdermott International Inc vs Burn Standard Co. Ltd. & Ors on 12 May, 2006
14. It is equally important to observe at this juncture that while
interpreting the terms of a contract, the conduct of parties and
correspondences exchanged would also be relevant factors and it
is within the arbitrator’s jurisdiction to consider the same. (See
McDermott International Inc. v. Burn Standard Co. Ltd.
(supra); Pure Helium India (P) Ltd. v. ONGC, (2003) 8 SCC 593,
D.D. Sharma v. Union of India, (2004) 5 SCC 325).
Section 75 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Associate Builders vs Delhi Development Authority on 25 November, 2014
(ii), but such interference does not entail a review of the merits of
the dispute, and is limited to situations where the findings of the
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arbitrator are arbitrary, capricious or perverse, or when the
conscience of the Court is shocked, or when the illegality is not
trivial but goes to the root of the matter. An arbitral award may
not be interfered with if the view taken by the arbitrator is a
possible view based on facts. (See Associate Builders v. DDA,
(2015) 3 SCC 49).
Section 81 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Oil & Natural Gas Corporation Ltd vs Saw Pipes Ltd on 17 April, 2003
Also see ONGC Ltd. v. Saw Pipes Ltd., (2003)
5 SCC 705; Hindustan Zinc Ltd. v. Friends Coal
Carbonisation, (2006) 4 SCC 445; and McDermott
International v. Burn Standard Co. Ltd., (2006) 11 SCC 181).
Hindustan Zinc Ltd vs Friends Coal Carbonisation on 4 April, 2006
Also see ONGC Ltd. v. Saw Pipes Ltd., (2003)
5 SCC 705; Hindustan Zinc Ltd. v. Friends Coal
Carbonisation, (2006) 4 SCC 445; and McDermott
International v. Burn Standard Co. Ltd., (2006) 11 SCC 181).
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