Commission v. M.C. Clelland Engineers S.A. - ( 1999) (4)
SCC 327, Mcdermott International Inc. vs. Burn Standard Co. Ltd and Others ... these three decisions only the
decision in Mcdermott relates to an award under the Arbitration and
Conciliation Act, 1996 . The other two decisions relate
decision in the S.L. Arora case (supra) in light of McDermott
International INC v. Burn Standard Co. Ltd. and Others ... Arora case (supra) was based on an
inadvertent erroneous assumption that McDermott case ( supra) and the Three
Circles case (supra) were per incuriam in holding
orders passed by the
Arbitrator or by the Court; and
( xxvi) McDermott International Inc. vs. Burn Standard Co.
Ltd. and Others
Natural Gas Commission vs Mcdermott International Inc. on 11 August, 1999
Equivalent citations: 2000(1)BOMCR369
Author: S. Radhakrishnan
Bench: S. Radhakrishnan
ORDER
S. Radhakrishnan ... Authorities on McDermott Account and has retained the balance US$ 19,001.00".
10. The learned Arbitrators after considering all the material before them
matter of fact, the point raised in the appeals
stands concluded in McDermott International Inc. v. Burn
Standard Co. Ltd. [McDermott International Inc. v. Burn ... Allahabad High Court referred to the decision
of the Supreme Court in McDermott International
Inc. v. Burn Standard Co. Ltd. [McDermott
International Inc. v. Burn
decision in the S.L.
Arora case (supra) in light of McDermott International
INC v. Burn Standard Co. Ltd. and Others ... Arora case (supra)
was based on an inadvertent erroneous assumption that
McDermott case ( supra) and the Three Circles case (supra)
were per incuriam in holding
merely on the basis of the claim statement and nothing more.
31. McDermott International Inc. v. Burn Standard ... construction of the contract is within the jurisdiction of
the Arbitrator. In McDermott International, the Supreme Court, relying on
D.D. Sharma v. Union
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
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
placed reliance on judgment of the
Supreme Court in the case of Mcdermott International Inc. Vs. Burn
Standard ... judgment of the Supreme Court in
the case of Mcdermott International Inc. Vs. Burn Standard Co. Ltd. &
Ors. (supra) and would submit that
