judgment of the Supreme Court
in the case of Mcdermott International Inc. v. Burn Standard Co.
Ltd. (2006) 11 SCC 181, wherein it was held ... principle on this issue was laid down by the Supreme
Court in McDermott International Inc. (supra), where the Court held:
"The 1996 Act makes
formula has been upheld by the Apex Court in the
decision of McDermott International Inc versus Bernard Standard
Company Ltd and Others ... Hudson's formula and the law laid down in
judgment of Mcdermott International (Supra) on which learned
Arbitrator has relied in allowing the claim
upon a decision of the
Hon'ble Supreme Court in 'McDERMOTT International Inc. vs. Burn Standard Co. Ltd. &
Ors. ' reported ... Section 34 . This legal
position has been expounded in the case of McDermott International Inc. (supra). In
paragraph 8 of the said decision , the Court
relied on a three-Judge Bench judgment of this Court in Mcdermott
International INC. vs. Burn Standard Co. Ltd. and Others reported ... Company (supra), this Court while following a
three-Judge Bench judgment in Mcdermott International INC (supra) has held
that since the Arbitrator was directed
decision of the
Hon'ble Supreme Court in the case of McDermott International Inc.
v.Burn Standard ... decision of the Hon'ble Supreme Court in
the case of McDermott International Inc. v.Burn Standard
incorrectly decided on an assumption that the cases in
McDermott International Inc., v. Burn Standard Co. Ltd. ( 2006)
11 SCC 181 and Uttar Pradesh ... that the
Three Circles case was incorrectly founded upon the decision in
McDermott and that such reliance was not in consonance with the
doctrine
inter alia
was placed on the decision of the Supreme Court in McDermott
International v. Burn Standard Corporation ... arbitration
agreement.
(5) Following the decision of the Supreme Court in McDermott
International (supra), a Division Bench (DB) of this Court had in Puri
Construction
substantiate the said submission, reliance was placed on the following
decisions:-
( i) McDermott International Inc. vs. Burn Standard ... Arbitrator, even on the questions of law. In the case of
McDermott International (supra) relied upon by the appellant, the Supreme
Court had made
relied on a
2
three-Judge Bench judgment of this Court in Mcdermott International INC. vs. Burn
Standard Co. Ltd. and Others reported ... Company (supra), this Court while following a
three-Judge Bench judgment in Mcdermott International INC (supra) has held that
since the Arbitrator was directed
Justice K.S.Puttaswamy(Retd) And Anr. vs Union Of India And Ors. on 24
