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Scope of arbitral award - The principle of interpretation of ...


High Court Emphasizes Contract Interpretation in Arbitral Awards u/s 37, Favoring Validity of All Clauses.

August 28, 2023

Case Laws     Indian Laws     SC

Scope of arbitral award - The principle of interpretation of contracts adopted by the Division Bench of the High Court that when two constructions are possible, then courts must prefer the one which gives effect and voice to all clauses, does not have absolute application. The said interpretation is subject to the jurisdiction which a court is called upon to exercise. While exercising jurisdiction under Section 37 of the Act, the Court is concerned about the jurisdiction that the Section 34 Court exercised while considering the challenge to the Arbitral Award. - SC

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