Setting aside arbitral award Archives – National Forum for Research in Arbitration Law

NV International overruled; limitation governing appeals under Section 37 ACA clarified

March 27, 2021 Update by Editor

Government of Maharashtra v. M/s Borse Brothers Engineers & Contractors Pvt. Ltd. and connected matters Court: Supreme Court of India | Case Number: Civil Appeal No. 995 of 2021 and two other connected matters | Citation: Currently not available | Bench: RF Nariman, BR Gavai and Hrishikesh Roy JJ |

An award can be set aside if it shocks the conscience of the court. (Bombay High Court)

June 23, 2020 Update by Shruti Mishra

Jackie Kukubhai Shroff v. Ratnam Sudesh Iyer Court: Bombay High Court | Case Number: ARB.P. 167/2015 | Citation: Currently not available| Judge: SC Gupte J| Date: 19 May 2020 | Available at: https://www.livelaw.in/pdf_upload/pdf_upload-375326.pdf A. THE BACKGROUND Jackie and Ratnam were shareholders in Atlas. Atlas was a shareholder in MSM. Dispute arose concerning the sale

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)

June 13, 2020 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/

Categories: Perversity | Recourse against arbitral award | Section 34 | Setting aside arbitral award

Standard for setting aside arbitral award; permissibility of re-appreciating findings of fact in set-aside proceedings; claim for damages et. al. (Delhi High Court) (7 January 2020)

January 29, 2020 Updates by Avantika Verma , Aimen Reshi

G+H Schallschutz v. Bharat Heavy Electricals Limited 2020 SCC OnLine Del 19; single-judge bench, Sanjeev Narula, J.; Decided on 07 January 2020 The Dispute Bharat Heavy Electricals Limited (“BHEL”) signed a contract with the Public Electric Company, Yemen to construct a power plant. For manufacture of some equipments required in

Standard of setting aside; facets of a reasoned award; power of remission et. al. (Supreme Court)

January 6, 2020 Updates by Avantika Verma

Dyna Technologies Pvt. Ltd. v. Crompton Greaves Ltd., 2019 SCC OnLine SC 1656 Supreme Court of India, 3- Judge Bench, N.V. Ramana, Ajay Rastogi, Mohan M. Shantanagoudar, JJ., Decided on 18 December 2019 The Supreme Court has re-emphasised that under the Arbitration and Conciliation Act, 1996 (“ACA”) the award must