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 September 2024 Year 2024 This

Arbitral award does not conflict with public policy of India or ...


Arbitral award upholds public policy; Gita Power jointly liable with OPG; Limitation period extended by acknowledgment.

Case Laws     Indian Laws

September 23, 2024

Arbitral award does not conflict with public policy of India or vitiate by patent illegality. Gita Power justifiably subjected to arbitration and jointly liable with OPG. Enexio's claim indivisible, limitation governed by Article 55 not Articles 14, 18 and 113. Claim matured on 19 March 2016, limitation extended by acknowledgment on 19 April 2018 u/s 18. Counterclaims except gear boxes/fan modules within limitation. Rejection of prayer to declare debit notes invalid had no adverse impact. No palpable error in award to term 'patently illegal' or in conflict with public policy. Division Bench rightly set aside Single Judge order restoring arbitral award. Appeal dismissed.

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. 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...

  3. 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...

  4. This is a summary of a court ruling on the recognition and enforcement of foreign arbitral awards under the Arbitration and Conciliation Act, 1996. The key points are:...

  5. International Arbitral award - The Arbitral Tribunal has only awarded reimbursement of half the price paid by the buyers to the sellers and, therefore, the award cannot...

  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. 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...

  8. 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...

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

  10. 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....

  11. Grant of Interim Award - There was a fundamental failure of the first Arbitral Tribunal to address the plea raised by ONGC for attracting the group of companies doctrine....

  12. Enforceability of part of the Foreign Award - A significant aspect of the Foreign Award is that it does not provide for a setoff. - f a set-off that enured to the...

  13. Recognition and enforcement of foreign awards - Part II of the Arbitration and Conciliation Act, 1996 - Jurisdiction of District Judge to judge Foreign Award - There is...

  14. If contract expressly bars award of interest pendente lite, the same cannot be awarded by the Arbitrator. - the bar to award interest on delayed payment by itself will...

  15. Introducing an award scheme for the general public 'Bill Banvao, Inaam Pao' - Delhi VAT

 

Quick Updates:Latest Updates