Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Indian Laws - Highlights / Catch Notes

Home Highlights April 2024 Year 2024 This

Validity of Arbitral Award - Ordering the petitioner to repay ...


Arbitral Award Confirmed: Repayment for Defective Testing Kits Upheld, No Illegality or Policy Conflict Found.

April 26, 2024

Case Laws     Indian Laws     HC

Validity of Arbitral Award - Ordering the petitioner to repay advances for rejected testing kits with interest and legal costs - The court observed that the arbitrator had duly considered the claims and counterclaims, particularly focusing on the submissions related to the fitness and quality of the testing kits as well as the procedural aspects followed during the arbitration. - The court found no grounds of "patent illegality" or conflict with public policy in the arbitral award. It noted that the arbitral tribunal had adequately considered all relevant evidence and legal provisions, including the contested proviso to Section 16(1) of the Sale of Goods Act, 1930. - Ultimately, the High Court dismissed the petition, upholding the arbitral award.

View Source

 


 

You may also like:

  1. The Appellate Court exceeded its jurisdiction u/s 37 of the Arbitration and Conciliation Act, 1996, by setting aside an arbitral award that had already been confirmed...

  2. SC overturned Division Bench's interference with arbitral award concerning contract interpretation between NHAI and contractor regarding geogrid quantities. Court held...

  3. Grant of Arbitral Award - when a Court is applying the ‘public policy’ test to an arbitral award, it does not act as a court of appeal and consequently errors of fact...

  4. Modification of Arbitral Award - reduction in the rate of interest - The limited and extremely circumscribed jurisdiction of the court under Section 34 of the Act,...

  5. Reduction in the rate of interest - disallowance of supervision charges - patent illegality ground or not - The failure on the part of the learned Sole Arbitrator to...

  6. Tribunal clarified that its order dated 26.05.2022 did not modify or vary the earlier orders dated 15.10.2018 and 11.01.2019, except for directing sealed cover...

  7. Classification of goods - CRP Test Kit - Hb1Ac Test Kit - The impugned product CRP Test kit is based on mice anti- CRP antibody / mice antisera and thus covered under...

  8. Maintainability of curative petition - restoration of arbitral award which had been set aside by the Division Bench of the High court on the ground that it suffered from...

  9. Execution of the award passed by the learned Arbitral Tribunal/Court - If the High Courts convert itself to the Executing Court and entertain the writ petitions under...

  10. Validity of Arbitration Award - amicable settlement between the parties - A harmonious reading of Section 31, 34(1), 34(2A) and 34(4) of the Arbitration and Conciliation...

  11. The SC held that u/s 31(7) of the Arbitration and Conciliation Act, 1996, the 'sum' awarded by the arbitral tribunal, whether inclusive of interest or not from the date...

  12. Execution of arbitral award - the arbitral proceedings were initiated prior to insolvency resolution date, suspended during the moratorium period, resumed upon expiry of...

  13. Arbitrator's award set aside u/s 34 of Arbitration and Conciliation Act, 1996 due to lack of evidence regarding claimant's readiness to supply materials, arbitrator...

  14. Validity of Arbitral Award - In the remand back case, the Arbitrator was warned not to be influenced by the factors that weighed in his mind while making the First Award....

  15. Arbitral Tribunal's award of tax component upheld despite contract being inclusive of tax. Award can be set aside u/s 34(2-A) only where illegality goes to root of...

 

Quick Updates:Latest Updates