ambiguity in the various contract provisions and applying the rule of CONTRA PROFERENTUM, I would award the Claimant additional cost involved due to longer lead ... held that the contract was ambiguous and using the phrase?contra proferentum? held that LCL was entitled to claim for the extra lead. He submitted
common law rule of
verba chartarum fortius accipiuntur contra
proferentem or simply put ‘Contra Proferentum’
against the Respondent as the phrase is ambiguous
on account ... Page 6 of 17
turn the applicability of the rule of Contra
Proferentum.
5.4 That the Appellant has committed forgery and
fabricated the policy
Sushilaben Indravadan Gandhi vs The New India Assurance Company Limited on 15 April, 2020
Equivalent
further notes the pleading
of the Claimant on the application of contra-
proferentum rule in case of ambiguity in the
provisions of contract. Arbitral Tribunal ... unambiguous and there is no necessity to apply
rule of contra-proferentum in the instant case.
(6). Therefore, considering the above analysis,
Arbitral Tribunal
rights of the insured and the applicability of the principle of contra
proferentum, the Arbitral Tribunal arrived at the following findings:
(a) With respect
standard form contract drafted by the respondent, the rule of contra proferentum applies and the interpretation beneficial to the petitioner ought to have been made ... United India Insurance Co. Ltd. vs M/s.Pushpalaya Printers;
12.Per contra, Mr.R.Ravindran, learned Senior counsel appearing for the respondent made
Airports Authority Of India vs M/S Balvir Singh & Sons on 7 July, 2020
standard form contract drafted by the respondent, the rule of contra proferentum applies and the interpretation beneficial to the petitioner ought to have been made ... United India Insurance Co. Ltd. vs M/s.Pushpalaya Printers;
12.Per contra, Mr.R.Ravindran, learned Senior counsel appearing for the respondent made
government agencies. Therefore, giving a
different interpretation and applying the Contra Proferentum Rule by the
learned Arbitrator gave undue benefit to the respondent/contractor, which ... within
the domain of the learned Arbitrator and the principle of contra proferentum is
applicable to interpret such term against the drafter of the Agreement
government agencies. Therefore, giving a
different interpretation and applying the Contra Proferentum Rule by the
learned Arbitrator gave undue benefit to the respondent/contractor, which ... within
the domain of the learned Arbitrator and the principle of contra proferentum is
applicable to interpret such term against the drafter of the Agreement