appellant that the
interpretation adopted by the Tribunal is not even a possible
interpretation of the contractual terms; that the same is so
unreasonable that ... plain reading of the contractual terms. In fact the contractual
terms clearly state to the contrary.
37. An interpretation of a contractual clause primarily
covenants were required to be differently interpreted. The Court cannot,
therefore, substitute the interpretation of the contractual covenants which,
according to it, is most appropriate ... interpretation that the
learned Arbitral Tribunal has chosen to place thereon. It is only where the
interpretation of the contractual covenants is plainly unacceptable
covenants were required to be differently interpreted. The Court cannot,
therefore, substitute the interpretation of the contractual covenants which,
according to it, is most appropriate ... interpretation that the
learned Arbitral Tribunal has chosen to place thereon. It is only where the
interpretation of the contractual covenants is plainly unacceptable
High
Court proceeded to hold that the Arbitral Tribunal failed to interpret the
contractual clauses harmoniously and holistically. It finally concluded that the
approach adopted ... rewritten the
contract. They submitted that every canon of contractual interpretation provides
for harmonious construction of seemingly contradictory clauses, and constructing
contracts such that
Contract).
The tribunal taking into consideration the evidence on record and
interpreting the contractual terms, in deciding issue nos. 1 held that
CGG was entitled ... Contract 2149."
29. In this context, the arbitral tribunal has interpreted the
contractual clauses and has held that MGW clause is a productivity
clause
Division Bench of the
High Court:
“A. Whether the Tribunal interpreted the
contractual provisions correctly in assessing
that issuance of contractual notices is a
condition ... considering
the first issue raised before it, being, whether
the tribunal interpreted the contractual
provisions correctly in assessing that issuance
of contractual notices
case of
plausible interpretation but a case of adopting an interpretation
which is contrary to the only possible interpretation of the
contractual clauses. Arbitral Tribunal ... interpretation given to the aforesaid clauses was also the
interpretation arrived at by the DRB as also by the Arbitral
Tribunal. The contractual clauses have
ISSUES FOR CONSIDERATION 15-16
A. WHETHER THE TRIBUNAL 16-22
INTERPRETED THE
CONTRACTUAL
PROVISIONS CORRECTLY
IN ASSESSING THAT
ISSUANCE OF
CONTRACTUAL NOTICES ... Chandra Dalui v. Biswanath
Banerjee8 intricately dealt with the conundrums of contractual
interpretation and in conclusion, Saikia, K.N. (J) opined that
placed on the
contractual covenants, and that the Arbitral Tribunal had adopted one
of them, which was a reasonable interpretation. The Division Bench,
however, reversed
days of execution of CA, is itself
contrary to the contractual terms. That the interpretation is not a
plausible interpretation of the CA. That
