Due to the time-sensitive and technical nature of construction projects, arbitration has come to be a widely used method of dispute resolution in the construction industry. It offers a discreet, effective, and expert vehicle for resolving disputes without recourse to time-consuming court actions.
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International arbitration is fundamentally a method of resolving disputes through a neutral third party or tribunal, typically outside the judicial systems of any one country. It is governed by mutually agreed-upon rules or institutional frameworks such as those offered by the International Chamber
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In M/S Schindler India Pvt. Ltd. vs. Parnika Commercial & Estates Pvt. Ltd., the Delhi High Court dismissed Schindler's plea to restrain Parnika from invoking two bank guarantees related to a lift and escalator installation contract. The court held that the Advance Bank Guarantee was unconditional a
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The appeal challenged the judgment setting aside an arbitral award favoring Mittal Processors, which had supplied uniform cloth to the Municipal Corporation of Delhi (MCD). The dispute arose over the cloth's compliance with BIS specifications. Initial tests by government labs approved the samples, b
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The Appellant filed appeals under Section 37 of the Arbitration and Conciliation Act, 1996, challenging a judgment that set aside arbitral awards rejecting excise duty reimbursement. The High Court held the awards were patently illegal, as the contract terms clearly allowed reimbursement without req
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The Delhi High Court set aside an arbitral award favoring Zostel in its dispute with OYO, citing conflict with the "public policy of India." Justice Sachin Datta held that the award permitted specific performance of an agreement lacking consensus on essential terms, violating fundamental legal princ
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The petitioner challenged a 2019 arbitral award under Section 34 of the Arbitration and Conciliation Act, which held it jointly liable with another party to pay ?6.56 crore plus 38.85% interest to Respondent No. 1, stemming from a coal handling project. Though not an original signatory, the petition
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The Supreme Court held that a plea of lack of jurisdiction in arbitration can only be raised under Section 34 of the Arbitration and Conciliation Act, 1996, if the party provides a strong justification for not raising it earlier before the Arbitral Tribunal. The Court set aside the Madhya Pradesh Hi
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In a strong and detailed dissent , Justice K.V. Viswanathan disagreed with the majority on most substantive points. According to him, Section 34 of the Arbitration Act does not permit modification of arbitral awards , and courts should not assume such powers unless explicitly provided by statute. He
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