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
VAT - Highlights / Catch Notes

Home Highlights July 2024 Year 2024 This

Arbitrator's award set aside u/s 34 of Arbitration and ...


Arbitrator's award set aside for lack of evidence, exceeding jurisdiction & patent illegality. Arbitrator bound by contract terms.

Case Laws     VAT and Sales Tax

July 15, 2024

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 acting beyond jurisdiction by awarding components barred by agreement between parties, and patent illegality. HC held that arbitrator being creature of contract is bound by agreement's terms, and award violating contractual bar is beyond jurisdiction requiring court's interference. Impugned arbitral award dated September 24, 2020 set aside, application allowed.

View Source

 


 

You may also like:

  1. 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....

  2. 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,...

  3. The court held that it can only set aside an arbitral award on the ground of patent illegality appearing on its face that shocks the judicial conscience, going to the...

  4. Validity of Arbitral Award - it is alleged that award is in excess of claim - Arbitrator exceeded the scope of reference or not - Arbitrator has rewritten the contract...

  5. Validity of award of interest by the sole arbitrator - earnest money and security deposits or not - The learned Arbitrator in the instant case has erred in awarding...

  6. Unilateral appointment of the Arbitrator, without express agreement - The present award is liable to be set aside on the ground of unilateral appointment of arbitrator....

  7. 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...

  8. Validity of arbitration award - Implementation Agreement - The interpretation of the relevant clauses of the Implementation Agreement, as arrived at by the learned Sole...

  9. 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...

  10. 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...

  11. Arbitration application - the respondent failed to participate in the proceedings before the Arbitrator and did not raise any submission that the Arbitrator did not have...

  12. Rejection of application for condonation of delay in preferring the application u/s 34 of the Arbitration and Conciliation Act - No application for setting aside the...

  13. Jurisdiction of CIT (A) while passing an order in appeal u/s 250 - Validity of assessment framed without issue of notice u/s. 143(2) - whether CIT (A) has exceeded his...

  14. Arbitration award - Validity of appointment of arbitrator - Jurisdiction of High Court while deciding the appeal under Section 37 of the Arbitration Act - The award can...

  15. Arbitration award challenged u/s 34 of the Arbitration and Conciliation Act, 1996. Arbitrator allowed 3% of contract amount as on-site establishment expenses using...

 

Quick Updates:Latest Updates