view of the decision of Hon'ble Supreme Court
in McDermott International Inc Vs Burn Standard Company
Limited5 . In the said decision ... Arbitrator.
It can only quash the award. Paragraphs 51 and 52 of McDermott
International Inc read as under:
"52. The 1996 Act makes provision
Narmada Enterprises v. State of MP , 2003 (2) ALR 420 (MP)
iii. McDermott International Inc. V. Burns Standing ... Natural Gas
Corporation Ltd. , (2010) 11 SCC 296.
viii. McDermott International Inc. V. Burn Standard Co. Ltd. &
Others
Award. In support of the submission, reliance has been placed
on Mcdermott International Inc. Vs. Burn Standard Co. Ltd. (2006) 11
SCC 181.
Submissions ... Hindustan Zinc Ltd. Vs. Friends Coal
Carbonisation ( 2006) 4 SCC 445, Mcdermott International Inc. Vs. Burn
Standard Co. Ltd. ( 2006) 11 SCC 181, Centrotrade Minerals
have been interpreted. Reference was made to the judgement in Mcdermott International Inc. Vs. Burn Standard Co. Ltd. and Others , 2006 (11) SCC 181, wherein ... Corporation Ltd. (Supra) was consistently followed and came to be reiterated in Mcdermott International Incorporation Vs. Burn Standard Co. Ltd. and Others
Shri Gopal Singh Thakur vs Of on 6 September, 2023
THE HIGH COURT OF HIMACHAL
even a plausible view.
44. The Hon'ble Supreme Court in “McDermott International Inc. Vs.
Burn Standard Co. Ltd” , (2006) 11 SCC 181, held ... adverting to the previous decisions of this
Court in McDermott International Inc.v.Burn Standard Co.
Ltd. [McDermott International Inc.v.Burn Standard
Hindustan Zinc
Ltd. v. Friends Coal Carbonisation, (2006) 4 SCC 445];
and McDermott International Inc. v. Burn Standard Co.
Ltd. [McDermott International Inc. v. Burn ... India v. L.S.N. Murthy .
40. In 2006, this Court in McDermott International
Inc. despite following the ratio of Saw Pipes Limited, made
succinct
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13
and McDermott International Inc. v. Burn Standard Co.
Ltd. [McDermott International Inc. v. Burn Standard ... This enunciation has been endorsed in several cases
(Ref McDermott International Inc. v. Burn Standard Co.
of
Ltd.18). In MSK Projects
something that no fair-minded or reasonable
person could do.
43. In McDermott International Inc. v.
Burn Standard Co. Ltd. [McDermott
International Inc. v. Burn ... Hindustan Zinc
Ltd. v. Friends Coal Carbonisation, (2006) 4
SCC 445] ; and McDermott International
Inc. v. Burn Standard Co. Ltd. [McDermott
International Inc. v. Burn
Supreme Court reported in
2006 ( 11) SCC 181, McDermott International INC Vs. Burn
Standard Co. Ltd , the Supreme Court while discussing the grounds
for setting ... which Judgement was also
relied upon in case of McDermott. Once again modification was with
reference to the interest. In the case of Hindustan Zinc