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Indian Laws - Highlights / Catch Notes

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Reference of matter to arbitrator - Levy of Liquidated damages - ...


Dispute on Liquidated Damages Referred to Arbitration; Excludes Superintending Engineer's Decisions per Clause 2. Contract Terms Key.

November 9, 2019

Case Laws     Indian Laws     SC

Reference of matter to arbitrator - Levy of Liquidated damages - The intention of the parties to exclude some of the decisions of the Superintending Engineer from the purview of arbitration is clearly seen from the clause 2 of the contract. - The entire contract between the parties and the terms thereon have to be read as a whole to decide the rights and liabilities of the parties arising out of the contract.

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