Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Scope of Judicial intervention with Award of arbitrator Arbitral award Arbitration and Conciliation Act 1996 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Arbitration and Conciliation Act, 1996: ss.5 and 34(2) and (3) — Arbitral award — Judicial intervention with — Scope of — Award of arbitrator — In favour of the appellant-contractor — Upheld by Single Judge of High Court — Division Bench of High Court in exercise of jurisdiction u/s.34 setting aside the order of Single Judge negating four of the claims of the contractor in toto and scaling down three of the claims — On appeal, held: An arbitration award can be set aside only on the grounds mentioned u/ s.34(2) and (3) — None of the grounds contained in sub- clause 2(a) of the Act deal with the merits of the decision rendered by the arbitral award — It is only when the award is in conflict with the public policy of India that the merits of an arbitral award are to be looked into under specified circumstances — The Division Bench of High Court in exercise of its jurisdiction u/s.34 has exceeded its jurisdiction by interfering with the possible view of arbitrator on the facts —Arbitral award is upheld,‘Public policy’'- Meaning of, in the context of Arbitration and Conciliation Act, 1996 — Discussed. Words and Phrases — ‘Justice’ and ‘morality’ Meaning of. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2014 INSC 809 |
Petitioner | Associate Builders |
Respondent | Delhi Development Authority |
SCR | [2014] 13 S.C.R. 895 |
Judgement Date | 2014-11-25 |
Case Number | 10531 |
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