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1 - 10 of 23 (0.31 seconds)Section 34 in The Arbitration And Conciliation Act, 1996 [Entire Act]
The Arbitration Act, 1940
Suo-Moto Case No. 01/2010 (In Re: Sugar ... vs 2.2.1 National Federation Of ... on 30 November, 2011
In the above decision, this Court
in Associate Builders v. DDA [Associate
Builders v. DDA, (2015) 3 SCC 49 : (2015) 2 SCC
(Civ) 204] observed : (SCC pp. 75 & 81, paras 31 &
The Arbitration And Conciliation Act, 1996
Ssangyong Engineering And ... vs National Highways Authority Of ... on 8 May, 2019
Ltd. v. NHAI, (2019) 15 SCC 131 : (2020) 2 SCC (Civ)
213] , a two-Judge Bench of this Court endorsed the
position in Associate Builders [Associate
Builders v. DDA, (2015) 3 SCC 49 : (2015) 2 SCC
(Civ) 204] , on the scope for interference with domestic
awards, even after the 2015 Amendment : (Ssangyong
Engg. & Construction Co. case [Ssangyong Engg. &
Construction Co. Ltd. v. NHAI, (2019) 15 SCC 131 :
Associate Builders vs Delhi Development Authority on 25 November, 2014
(2020) 2 SCC (Civ) 213] , SCC p. 171, paras 40-41)
"40. The change made in Section 28(3) by the
Amendment Act really follows what is stated in paras
42.3 to 45 in Associate Builders [Associate
Builders v. DDA, (2015) 3 SCC 49 : (2015) 2 SCC
(Civ) 204] , namely, that the construction of the terms
of a contract is primarily for an arbitrator to
decide, unless the arbitrator construes the contract in a
manner that no fair-minded or reasonable person
would; in short, that the arbitrator's view is not even a
possible view to take. Also, if the arbitrator wanders
outside the contract and deals with matters not allotted
to him, he commits an error of jurisdiction. This
ground of challenge will now fall within the new
ground added under Section 34(2-A).
Section 28 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 37 in The Arbitration Act, 1940 [Entire Act]
M/S Shapoorji Pallonji And Co Pvt Ltd vs Sinnar Thermal Power Limited & Ors on 21 November, 2022
v. Jindal India Thermal Power Ltd., 2020 SCC OnLine
Del 2611] . Finally, the Delhi High Court in ONGC
Petro Additions [ONGC Petro Additions Ltd. v. Ferns
Construction Co. Inc., 2020 SCC OnLine Del 2582]
settled the controversy and reiterated the position of
Signature Not Verified
Digitally Signed O.M.P. (COMM) 140/2023 & OMP (ENF.) (COMM.) 55/2023 Page 19 of 27
By:RAHUL SINGH
Signing Date:06.03.2025
20:14:51
law as laid down in Shapoorji Pallonji [Shapoorji
Pallonji & Co. (P) Ltd. v. Jindal India Thermal Power
Ltd., 2020 SCC OnLine Del 2611] . The Court, inter
alia, stated that Section 29-A(1) shall be applicable to
all pending arbitrations seated in India as on 30-8-
2019 and commenced after 23-10-2015, and there is no
strict timeline prescribed to the proceedings which are
in nature of international commercial arbitration as
defined under the Act, seated in India."