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Indian Laws - Highlights / Catch Notes

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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.

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