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.
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