Bhaven Construction v. Executive Engineer, Sardar Sarovar Nigam Limited and Another Court: Supreme Court of India | Case Number: Civil Appeal No. 14665 of 2015 | Citation: 2021 SCC OnLine SC 8 | Bench: NV Ramana, Surya Kant, Hrishikesh Roy JJ | Date of decision: 6 January 2021 Bhaven
Continue readingPower under Articles 226/227of the Constitution must be exercised in an arbitration case with exceptional rarity, where one party is left remediless, or a clear bad faith is shown by one of the parties. (Supreme Court)
Update by Editor , assisted by Garima Mittal
Categories: Appointment of arbitrator | Article 226 | Article 227 | Competence Competence | Patent lack of inherent jurisdiction | Perversity | Power of superintendence over all courts by the High Court | Section 16 | Section 17 | Section 37 | Section 9 | Self-contained code | Special act v. general act | Speedy disposal | Test of perversity | Time limit
Court cannot interfere with an award in a Section 34 petition if the view taken by the arbitral tribunal is a plausible one. (Bombay High Court)
Update by Saloni Jaiman
Niko Resources Limited v. Gujrat State Petroleum Corporation Ltd. Case Number: Commercial Arbitration Petition 484 of 2017 | Citation: Currently not available| Judge AK Menon J | Court: Bombay High Court| decided on 9/06/2020| Available at: https://indiankanoon.org/doc/142413589/ On 9 June 2020, the Bombay High Court dismissed a petition for setting aside
Continue reading Categories: Damages | Perversity | Quantification of an award | Reappreciation of evidence | Recourse against arbitral award | Review on the merits of the dispute | Section 34
An award can be set aside if the tribunal’s interpretation of the contract is perverse or is not a possible view. (Supreme Court of India)
Update by Samarth Madan
South East Asia Marine Engineering and Constructions Ltd. (SEAMEC Ltd.) v. Oil India Limited, Court: Supreme Court of India | Case Number: C.A. No. 673/2012 | Citation: 2020 SCC OnLine SC 451| Judges: NV Ramana, Mohan M Shantanagoudar, Ajay Rastogi JJ | Date: 11 May 2020 | Available at: https://indiankanoon.org/doc/108276358/
Continue reading Categories: Perversity | Recourse against arbitral award | Section 34 | Setting aside arbitral award