Friday, 28 October 2016

Whether arbitration award can be set aside if it is contrary to terms of contract?

 The High Court did not have the benefit of the
principles laid down in Saw Pipes : (2003) 5 SCC
705], and had proceeded on the assumption that
award cannot be interfered with even if it was contrary
to the terms of the contract. It went to the extent of
holding that contract terms cannot even be looked into
for examining the correctness of the award. This Court
in Saw Pipes : (2003) 5 SCC 705] has made it clear
that it is open to the court to consider whether the
award is against the specific terms of contract and if
so, interfere with it on the ground that it is patently
illegal and opposed to the public policy of India.
Bombay High Court
Maharashtra State Electricity ... vs Vijay Electricals Ltd on 4 February, 2015

Bench: R.D. Dhanuka
Citation:2016(5) ALLMR 74
Read full judgment here: click here
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