Arbitration

PUNJAB LAW REPORTER

Arbitration

Arbitration - Award - Agreement in writing contain no reference to the arbitral agreement - I have no doubt in my mind that a self-styled Arbitrator passing an award in no award in the eye of law - Chairman, Labour Contractor Union calling himself an Arbitrator and passing an award was an utter abnegation of justice and without legal authority - Award that is passed by a person of competence but whose order was fallible could be a subject of challenge - If it was not an award in the eye of law, there could be no compulsion for such a person to take steps to set aside the award - It will be competent for him to raise an objection when such an illegal award was put to execution. (182) P.L.R.
Arbitration - Extension of time - If the parties had consented for extension of time and when the Arbitrator had passed the award within the time agreed to between the parties there could be no bar of limitation. (180) P.L.R.
Arbitration - Award - Amount awarded for which machines remained idle during the course of contract - Upheld. (2018-1 ) PUNJAB LAW REPORTER
Arbitration - Award - Objection raised by the appellant relates to enhanced rates on account of statutory increase in wages and excise duty - The aforesaid claim was examined by the Arbitrator, who has referred to the specific notifications and thereafter, amount awarded has been computed - That word "adjustment", if used in the claim statement, would not justify rejection of the claim if there was increase in labour rates or wages pursuant to statutory increases and prices of goods procured had increased on account of increase in excise duty - Factually, the statutory increases are not disputed. (2018-1 ) PUNJAB LAW REPORTER DELHI
Arbitration – Interim award – Admitted position that the record of the Arbitral Tribunal stood summoned by the learned Single Judge and had been sent to this court, there is merit also in the submission on behalf of the appellant that the Arbitrator could not proceed to decide the claim of the appellant in the absence of the arbitral records – Fact that the learned Arbitrator had since expired, it would have been in the fairness of the matter for the court to have recorded a satisfaction that the appellant had knowledge of this fact and had failed to take action despite the same. (2018-2) PUNJAB LAW REPORTER DELHI
Arbitration - It being well-recognized in the jurisdiction of virtually every country in the world that a Court, where the mother contract was formed and where cause of action accrued and where one litigating party resided and was the one claiming to be the victim of oppression, could grant an anti-suit injunction - An agreement between the parties can contemplate a trinity of laws applicable to a contract, but with respect to the different domains of a contract - The underlying law of the contract with reference whereto the contract would be interpreted and with reference to the law applicable can be of one municipal jurisdiction. (183) P.L.R. (Del.)
Arbitration - Jurisdiction - A gridlock exists as of today because the Supreme Court of India has held that the seat of arbitration is Kuala Lumpur and not London - The Court of competent Jurisdiction in Kuala Lumpur has held that the seat of arbitration is London and not Kuala Lumpur - The issue whether the decision by the Supreme Court of India estops the consortium members from urging to the contrary and/or operates as res judicata has been agreed to be settled by the Federal Court of Appeal of Kuala Lumpur. (183) P.L.R. (Del.)
Arbitration - Limitation - It was grossly improper on the part of the respondent to even take a defence to the reference being barred by limitation, when, admittedly, the final bill had not been prepared or paid - If there was "a minus bill" there ought to have been a demand of the availment of excess credit which was also not the case of the respondent - I set aside the finding that the claim was barred by limitation. (180) P.L.R.
Arbitration - Markfed had claimed the interest as per the provisions of excepted clause - It is now settled law that the excepted clause deals with the adjudication of the same by the Managing Director and not by the arbitrator - The arbitrator ought to have referred the matter to the Managing Director after noticing the claims sought in the reference - MARKFED. M/s Satguru Rice and General Mills, (180) P.L.R.
Arbitration - Performance guarantee became the subject matter of consideration in the said suit - After the pleadings were completed and documents were filed the parties consented that the dispute may be referred to the arbitration - Order simply records that the dispute would be settled by arbitration and for which both parties shall file their respective pleadings before the learned Arbitrator as also the documents filed, meaning thereby, the suit was not referred to arbitration and the pleadings in the suit and the documents filed were not transmitted to the learned arbitrator - Suit file not requisitioned by the Arbitrator - Arbitrator did not bother that the appellant files its counter statement of facts or documents relied upon and proceeded to publish the award - Award is only a narrative by the learned Arbitrator with reference to the arguments advanced and not the documentary evidence - Arbitrator having failed to adopt a judicial approach in the matter, the award has been set aside - Regretfully we note that the learned Arbitrator to whom a fixed fee was paid hurried through the arbitration resulting in an award being pronounced which has rightly been opined to be the result of a determination lacking in a judicious approach. D(182) P.L.R.
Arbitration - Records that the dispute would be settled by arbitration and for which both parties shall file their respective pleadings before the learned Arbitrator as also the documents filed, meaning thereby, the suit was not referred to arbitration and the pleadings in the suit and the documents filed were not transmitted to the learned arbitrator - Only evidence was of punch holes and elongation in the two drums, but not the reason thereof - The conveyor belt was a part replacing a part of the existing conveyor belt which was used for transporting coal and thus the cause of the punch holes and elongation could well be a mishandling of the coal or dumping in a manner resulting in damage being caused - Thus, the heart and soul of the dispute was : what caused the damage and not whether there was a damage caused - Learned Arbitrator to whom a fixed fee was paid hurried through the arbitration resulting in an award being pronounced which has rightly been opined to be the result of a determination lacking in a judicious approach. (183) P.L.R. (Del.)
Arbitration - Where a document is required to be interpreted, it would be within the jurisdiction of the arbitrator to interpret the same - It is equally settled law that if two interpretations are possible, while considering a challenge to the award the Court would not set aside the interpretation adopted by an arbitrator and would not reason whether the other interpretation is more plausible. (177) P.L.R. (Del.)

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