Petitioners.
The counterclaim of the Respondents was allowed. The dissenter
Arbitrator, however, upheld the claim of the Petitioners, by treating
::: Downloaded on - 09/06/2013 ... award
of the dissenting award. With the assistance of the
learned Counsel, I have perused the award of the
dissenting Arbitrator. In my view
decides all the issues referred for arbitration. The
view of a dissenting arbitrator is not an award, but his opinion.
However, a party aggrieved ... dissenting opinion
13 (2019) 12 SCC 455
14 (2019) 13 SCC 445.
21
(a) The dissenting opinion of a minority arbitrator can be relied upon
Retd.) as he is
dissenting from the reasoning and conclusions
contained therein."
32 The fact is the learned dissenting Arbitrator, has passed a
separate ... majority award. The submission was also
made that the dissenter Arbitrator could have presented the majority
Arbitrator to his point of view or vice-versa
SCOPE Rules. The Dissenting Opinion serves
merely as an expression of the dissenting arbitrator's opinion, which may
only be referred ... dissenting opinion in an arbitral award:
"Relevance of a dissenting opinion
39. The dissenting opinion of a minority arbitrator can be relied upon
dispensed with."9
28. Although the opinion of a dissenting arbitrator has been
characterized only as an "opinion ... other arbitrators, states that there were deliberations between
Arbitrator B and the Presiding Arbitrator, to which Arbitrator A was
not party. In fact
Learned Arbitrator nominated by the Corporation has
dissented from the majority. The Dissenting Arbitrator has held that on
the additional works, the Contractor would ... Lakhs to the Corporation. On the GST front, the Dissenting Arbitrator
has not denied the claim on the reimbursement for GST, but has sought
stay them until the moneys are brought back. The dissenting arbitrator has, however, come to the conclusion that both the power as well ... that the entire proceedings be stayed including its counter claim the dissenting arbitrator has directed that the hearing of the counter claim of MSEB ought
next objection is that from the note of the dissenting Arbitrator it was
O.M.P. (COMM.) 260/2016 Page 3 of 12
apparent that ... dissenting Arbitrator. Indeed in the said letter,
the Court finds that the learned Presiding Arbitrator has this to say to the
dissenting Member
majority Arbitrators rejected the claim/ case of the Petitioners.
The learned dissenting Arbitrator, however, passed the order in
favour of the Petitioners. Under the Arbitration ... read and refer the view expressed by the
dissenting Arbitrator. The Court under Section 34 of the
::: Downloaded on - 09/06/2013
Relevance of a dissenting opinion
(a) The dissenting opinion of a minority arbitrator can be relied
upon by the party seeking to set aside ... dissenting view/opinion of the minority Arbitrator, namely,
Arbitrator No.2. As held by the Apex Court, the dissenting opinion can
only be issued when
