same would
be contrary to the decision of the Supreme Court in Mcdermott
W.P.(C) 3013/2013 Page 16 of 32
International ... issue and following the principle laid down by the Supreme
Court in Mcdermott International Inc. (supra) held that "the power to
modify, vary
Union of India and Another : ( 1999) 9 SCC 449
and McDermott International Inc. v. Burn Standard Co. Ltd. and
Others ... DUSHYANT
RAWAL
Carbonisation, (2006) 4 SCC 445] ; and McDermott
International Inc. v. Burn Standard Co.
Ltd. [McDermott International Inc. v. Burn
Standard
other hand in the subsequent decision of
the Supreme Court in McDermott International (supra), the
Supreme Court has relied upon the following observations
contained ... assumed no legal
obligation to do."
11. The judgment in McDermott International (supra)
considers various formulae including Hudson's Formula,
Emden Formula
para 34, the learned Single Judge
referred to para 52 in McDermott case [ McDermott
International Inc. v. Burn Standard ... this question has now been
settled finally by at least 3 decisions [ McDermott
International Inc. v. Burn Standard Co. Ltd. , ( 2006) 11 SCC
181] , [Kinnari
Division Bench
referred to the decision of the Supreme Court in McDermott
International Inc. v. Burn Standard Co. Ltd. & Ors.7 and held that ... following passage from the decision of the Supreme
Court in McDermott International Inc. v. Burn Standard Co. Ltd. &
5
2012 SCC OnLine
found that it is perverse or patently erroneous.
53. In McDermott International Inc. v. Burn Standard
interim arbitral award. The court also
referred to its earlier decision in McDermott International Inc. v.
Signature Not Verified
digitally signed
amenable to interference under Section 34 of the Act (See:
Mcdermott International Inc. v. Burn Standard Co. Ltd.: (2006) 11 SCC
Ex.P.443/2014
contract falls
within the jurisdiction of the Arbitral Tribunal. In McDermott
Signature Not Verified
Digitally Signed
By:Dushyant Rawal O.M.P. (COMM
between the parties is clearly within the jurisdiction of the Arbitrator. In
Mcdermott International Inc. v. Burn Standard Co. Ltd and Others
