The Bombay High Court observed that an arbitral tribunal cannot apply public law principles on fairness and reasonableness. The Court held that “A writ court may well hold against a public body on a public law principle or by invoking Article 14; But an Arbitrator, constrained as he or she is by the contract, has no such power”.
The Hon’ble Apex Court has observed that, mere recovery of the currency note and positive result of the phenolphthalein test not enough in the peculiar circumstances of the case, to establish guilt of the appellant on the basis of perfunctory nature of materials and prevaricating type of evidence. That the Charge must be proved beyond... Read more » Read more »
2024 INSC 686 – Rohan Builders (India) Pvt. Ltd. vs. Berger Paints India Ltd.: In this judgment, the Supreme Court of India addressed whether an application for extending the time period for passing an arbitral award under Section 29A of the Arbitration and Conciliation Act, 1996, can be filed after the expiry of the stipulated... Read more » Read more »
In Somdatt Builders – NCC – NEC (JV) vs. National Highways Authority of India & Ors. (Civil Appeal No. 2058/2012), the Supreme Court upheld the arbitral tribunal’s award, emphasizing minimal judicial interference under Section 34 of the Arbitration Act. It reiterated that courts do not act as appellate bodies and can only set aside an... Read more » Read more »
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