Delay In The Handing Over The Work Front Affecting Completion Is A Material Breach : Delhi High Court
1 year, 5 months ago

Delay In The Handing Over The Work Front Affecting Completion Is A Material Breach : Delhi High Court

Live Law  

The Delhi High Court has held that delay in the handing over of the Right of Way is a material breach of contract if it affects the issuance of Completion Certificate or delays the Commercial Date of Operation. The bench of Justice Manoj Kumar Ohri upheld an arbitral award wherein the arbitrator held NHAI to be in material breach of the contract for its failure to provide the Right of Way or the work front to the contractor which resulted in the delay in issuance of provisional completion certificate and delayed commercial date of operation. The Court observed that Clause 13.5 provides for a pre-determined compensation for the delay handing over of the ROW, however, the proviso to the clause clearly provides that the clause would not apply if the delay affects the issuance of Provisional or Final completion certificates or delays COD. The Court held that delay in the handing over of the Right of Way is a material breach of contract if it affects the issuance of Completion Certificate or delays the Commercial Date of Operation.

Contract Court Work Agreement Delay Material Row Award Breach Clause Arbitral Completion Certificate Section 34 Cod Handing Material Breach  clause  delhi  handing  court  completion  high  breach  contract  affecting  arbitral  material  work  agreement  award  delay

History of this topic

Construction Of Terms Of Contract Must Be Primarily Decided By Arbitrator, Not Court U/S 34 Of Arbitration Act: Delhi High Court
1 month, 3 weeks ago

Construction Of Terms Of Contract Must Be Primarily Decided By Arbitrator, Not Court U/S 34 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Dinesh Kumar Sharma has held that Construction of the terms of the contract is primarily for the arbitrator to decide, unless it is found that such a construction is not at all possible. It is the case of the petitioner that the Supreme Court in 'ONGC v. Afcons Gunanusa JV' held that unilateral …

Delhi High Court Reiterates Limited Scope Of Section 34 Of Arbitration & Conciliation Act
2 months, 1 week ago

Delhi High Court Reiterates Limited Scope Of Section 34 Of Arbitration & Conciliation Act

Live Law  

The High Court of Delhi pronounced a judgement in the matter of “Centre for Research Planning and Action v. National Medicinal Plants Board Ministry of AYUSH Government of India” FAO 161/2022 dated 8th January, 2025 re-iterating the limited scope of Section 34 of The Arbitration and Conciliation Act. Respondent refused to entertain any claim when invoices were raised after March …

Delhi HC Upholds Limited Judicial Interference In Arbitral Awards, Dismisses S.34 Plea Challenging Award Of ₹77.96 Crore In Telecom Dispute
2 months, 3 weeks ago

Delhi HC Upholds Limited Judicial Interference In Arbitral Awards, Dismisses S.34 Plea Challenging Award Of ₹77.96 Crore In Telecom Dispute

Live Law  

The Delhi High Court bench of Justice Dinesh Kumar Sharma has observed that it is no longer res integra that while dealing with the objections under Section 34, a court does not sit in appeal over the arbitral award. The court observed that under Section 35, an award can be set aside only if the petitioner establishes that the parties …

Limited Scope Of Examination U/S 34 Of Arbitration Act, Award Vitiated By Patent Illegality: Delhi High Court
3 months, 3 weeks ago

Limited Scope Of Examination U/S 34 Of Arbitration Act, Award Vitiated By Patent Illegality: Delhi High Court

Live Law  

The Delhi High Court Bench of Justice Vibhu Bakhru and Justice Sachin Datta held that the Arbitral Tribunal has awarded the claim for loss of profit for the period the Contract was prolonged without any evidence or material to support the claim. Aggrieved by this, the Contractor filed an application under Section 34 of the Act before the Commercial Court …

Well Reasoned Award Cannot Be Interfered With Under Section 37 Of Arbitration Act: Delhi High Court
4 months ago

Well Reasoned Award Cannot Be Interfered With Under Section 37 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justices Vibhu Bakhru and Tara Vitasta Ganju affirmed that Courts should not customarily interfere with Arbitral Awards that are well reasoned, and contain a plausible view.Judges, by nature, may incline towards using a corrective lens, however, under Section 34 of the Arbitration Act, this corrective lens is inappropriate especially under Section 37 of the …

De-Jure Ineligibility To Act As Arbitrator U/S 12(5) Of Arbitration Act Can Be Waived Only By Express Agreement In Writing: Delhi High Court
Trending News
4 months, 2 weeks ago

De-Jure Ineligibility To Act As Arbitrator U/S 12(5) Of Arbitration Act Can Be Waived Only By Express Agreement In Writing: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Sachin Datta affirmed that de jure ineligibility to act as an arbitrator can only be waived, after dispute having arisen, by the parties by an express agreement in writing under proviso to section 12 of the Arbitration Act. The court referred to the Delhi High Court judgment in Reliance Infrastructure Limited v. Madhyanchal …

Award Cannot Be Set Aside U/S 34 Of Arbitration Act If View Taken By Arbitrator Is A Plausible View: Delhi High Court
4 months, 2 weeks ago

Award Cannot Be Set Aside U/S 34 Of Arbitration Act If View Taken By Arbitrator Is A Plausible View: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Sachin Datta has held that conduct of the parties has to be seen before granting equitable relief for specific performance of the contract. Brief Facts The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 assails an arbitral award dated 12.04.2022, whereby the arbitral tribunal has refused to grant specific …

Inordinate, Unexplained Delay In Passing Award After Conclusion Of Arguments Can Be Ground To Set Aside U/S 34 Of Arbitration Act: Delhi High Court
4 months, 2 weeks ago

Inordinate, Unexplained Delay In Passing Award After Conclusion Of Arguments Can Be Ground To Set Aside U/S 34 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Sachin Datta has held that inordinate and unexplained delay in passing an award from the date of the conclusion of the pleadings can be a ground to set it aside under section 34 of the Arbitration Act. Brief Facts The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 assails …

Scope Of Review U/S 37 Is Limited To Ascertaining Compliance With S. 34 Of Arbitration Act: Delhi High Court
4 months, 2 weeks ago

Scope Of Review U/S 37 Is Limited To Ascertaining Compliance With S. 34 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justices Rekha Palli and Saurabh Banerjee affirmed that the Court under section 37 of the Arbitration Act cannot undertake an independent assessment of the merits of the award, and must only ascertain that the exercise of power by the Court under Section 34 has not exceeded the scope of the provision Brief Facts The …

Arbitration Cases Half Yearly Digest: January To June 2024
8 months, 2 weeks ago

Arbitration Cases Half Yearly Digest: January To June 2024

Live Law  

Supreme Court High Court Not Having Original Civil Jurisdiction Cannot Extend Time To Pass Arbitral Award As Per S.29A Arbitration Act : Supreme Court Case Title: CHIEF ENGINEER PWD VERSUS M/S BSC & C and C JV Citation : 2024 LiveLaw 425 The Supreme Court held that a High Court which does not have original civil jurisdiction does not have …

Arbitrator Failed To Deal With Material Contentions, Arbitral Award Would Not Satisfy The Requirement Of A Reasoned Award: Delhi High Court
11 months ago

Arbitrator Failed To Deal With Material Contentions, Arbitral Award Would Not Satisfy The Requirement Of A Reasoned Award: Delhi High Court

Live Law  

The High Court of Delhi has held that when the arbitral tribunal fails to deal with submissions of a party on a contentious issue, the resultant award would not fulfil the requirements of a reasoned award as required under Section 31 of the A&C Act. It held that the tribunal cannot simply accept unquantified claims without assigning reasons and without …

Mere Delay By Employer Would Not Entitle The Contractor To Damages Unless The Loss Is Pleaded And Proved: Delhi High Court
1 year ago

Mere Delay By Employer Would Not Entitle The Contractor To Damages Unless The Loss Is Pleaded And Proved: Delhi High Court

Live Law  

The High Court of Delhi has held that merely because the delay in the execution of the work is attributable to the employer, the same would not entitle the contractor to claim damages unless it pleads and proves that such delay resulted in loss to it. The bench of Justices Vibhu Bakhru and Tara Vitasta Ganju held that a procedural …

Section 3 A&C | Deemed Service Is Rebuttable, If Party Establishes Delivery Could Not Be Made Despite Fulfilling Conditions u/s 3: Delhi High Court
1 year ago

Section 3 A&C | Deemed Service Is Rebuttable, If Party Establishes Delivery Could Not Be Made Despite Fulfilling Conditions u/s 3: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Manoj Kumar Ohri held that the delivery of a signed copy of the arbitral award to a party isn't merely procedural but confers a substantive right upon them to challenge the award within the statutory period. Brief Facts: The Petitioner approached the Delhi High Court and filed an application under Section 34 …

Arbitration Weekly Round Up: 26th May 2024 To 2nd June 2024
1 year, 1 month ago

Arbitration Weekly Round Up: 26th May 2024 To 2nd June 2024

Live Law  

Delhi High Court Awarding Interest Rate Is Discretion Of Arbitrator, Can't Be Claimed As Matter Of Right: Delhi High Court Case Title: M/S Space 4 Business Solution Pvt Ltd Vs The Divisional Commissioner Principal Secretary And Anr. The bench held that: “whether to grant or refuse the interest on the principle amount, is the absolute discretion of the learned Arbitrator.” …

Partial Setting Aside Of An Arbitral Award Valid U/s 34 If Part Is Independent And Doesn't Affect Other Components: Delhi High Court Allows Execution Petition
1 year, 1 month ago

Partial Setting Aside Of An Arbitral Award Valid U/s 34 If Part Is Independent And Doesn't Affect Other Components: Delhi High Court Allows Execution Petition

Live Law  

The Delhi High Court single bench of Justice Jasmeet Singh held that partial setting aside of an award is valid and justified as long as the part proposed for annulment is independent and can be validly incised without affecting other components. Also, the decree-holder challenged the award in High Court under Section 34 of the Arbitration and Conciliation Act, 1996 …

Arbitral Award Can't Be Challenged On Ground Of Bias Of Arbitrator If No Challenge Was Made During Arbitral Proceedings: Delhi High Court
1 year, 2 months ago

Arbitral Award Can't Be Challenged On Ground Of Bias Of Arbitrator If No Challenge Was Made During Arbitral Proceedings: Delhi High Court

Live Law  

The High Court of Delhi has held that an arbitral award cannot be challenged on the ground of bias of arbitrator if no challenge to bias was made during the pendency of arbitral proceedings. The bench of Justice Pratibha M. Singh held that a party that has fully participated in the arbitral proceedings without raising any challenge to the jurisdiction …

Arbitral Tribunal Can Award Damages For Delay Attributable To Employer Even When The Agreement Provides For The Extension Of Time As The Only Remedy To The Contractor: Delhi High Court
1 year, 2 months ago

Arbitral Tribunal Can Award Damages For Delay Attributable To Employer Even When The Agreement Provides For The Extension Of Time As The Only Remedy To The Contractor: Delhi High Court

Live Law  

The High Court of Delhi has held that the Arbitral tribunal can award monetary compensation as damages for the delay attributable to employer even when the agreement provides for the extension of time as the only remedy to the contractor. The Court held that once the tribunal has held that the respondent was responsible for the delay due to which …

Arbitral Tribunal Can Award Damages For Delay By Employer Even In Absence Of Any Clause In Agreement : Delhi High Court
1 year, 2 months ago

Arbitral Tribunal Can Award Damages For Delay By Employer Even In Absence Of Any Clause In Agreement : Delhi High Court

Live Law  

The High Court of Delhi has held that the Arbitral tribunal can award monetary compensation as damages for the delay attributable to employer even when the agreement provides for the extension of time as the only remedy to the contractor. The Court held that once the tribunal has held that the respondent was responsible for the delay due to which …

Annual Digest of Arbitration Cases 2023- Supreme Court And High Courts (Part-1)
1 year, 2 months ago

Annual Digest of Arbitration Cases 2023- Supreme Court And High Courts (Part-1)

Live Law  

Supreme Court Arbitration Clauses In Unstamped Agreements Enforceable : Supreme Court 7-Judge Bench Overrules 'NN Global' Decision Case Title: In Re Interplay Between Arbitration Agreements Under The Arbitration And Conciliation Act 1996 And The Indian Stamp Act 1899 Curative Pet No. Besides the uncertainties listed above, the 10,000 MTs of Met Coke has admittedly not been sold till date and …

Signed Arbitral Award Served On Lawyer Or Agent Of The Party Doesn't Constitute A Valid Delivery : Delhi High Court
1 year, 2 months ago

Signed Arbitral Award Served On Lawyer Or Agent Of The Party Doesn't Constitute A Valid Delivery : Delhi High Court

Live Law  

The High Court of Delhi has held that a copy of the signed arbitral award served only on the lawyer or the agent of the party does not constitute a valid delivery in absence of the delivery on the party itself. The Appellant/MoHFW challenged both the Arbitral Award and the Corrigendum Order before the learned Single Judge under Section 34 …

Arbitrator Failed To Consider Document Based On Procedural Defects, Delhi High Court Sets Aside Award
1 year, 5 months ago

Arbitrator Failed To Consider Document Based On Procedural Defects, Delhi High Court Sets Aside Award

Live Law  

The High Court of Delhi has held that an arbitrator should not refuse to take on record any additional material evidence merely on the ground of certain procedural ground such as non-payment of costs by the party tendering such evidence. The bench of Justice Neena Bansal Krishna held that failure of the arbitrator to take on record important additional evidence …

Sending Scanned Copy Of A Signed Arbitral Award Through Email Constitutes A Valid Delivery Under Section 31(5) Of The A&C Act: Delhi High Court
1 year, 6 months ago

Sending Scanned Copy Of A Signed Arbitral Award Through Email Constitutes A Valid Delivery Under Section 31(5) Of The A&C Act: Delhi High Court

Live Law  

The Delhi High Court has held that an email sent by the arbitral tribunal to the parties wherein the scanned copy of the signed award is attached constitutes a valid delivery of the award under Section 31 of the A&C Act. The Court observed that although the first correction to the award was made on 07.03.2018 but it was delivered …

Arbitration Cases Weekly Round-Up: 10 July To 16 July 2023
1 year, 8 months ago

Arbitration Cases Weekly Round-Up: 10 July To 16 July 2023

Live Law  

Supreme Court: Can Ineligible Person Appoint Arbitrator? High Courts: Delhi High Court: “Counter-Balancing” Not Achieved When 2/3rd Members Of The Arbitral Tribunal To Be Appointed By One Party: Delhi High Court Case Title: Margo Networks Pvt Ltd & Anr vs. Railtel Corporation of India Ltd The Delhi High Court has ruled that where a party is required to appoint an …

Arbitral Award Passed After Inordinate, Unexplained Delay Is Contrary To Justice and Public Policy : Delhi High Court
1 year, 10 months ago

Arbitral Award Passed After Inordinate, Unexplained Delay Is Contrary To Justice and Public Policy : Delhi High Court

Live Law  

The Delhi High Court has ruled that an arbitral award passed after an inordinate, substantial and unexplained delay would be “contrary to justice and would defeat justice”. Therefore, it is difficult to impose a uniform timeline for all arbitration cases and hence this question regarding how much time would actually constitute a delay must be answered on a case-to-case basis,” …

‘Seat’ Of Arbitration Would Be Where Facilitation Council Under MSMED Act Conducted Arbitral Proceedings Delhi High Court
2 years, 1 month ago

‘Seat’ Of Arbitration Would Be Where Facilitation Council Under MSMED Act Conducted Arbitral Proceedings Delhi High Court

Live Law  

The Delhi High Court has ruled that the ‘Seat’ of arbitration would be the place where the Facilitation Council under the Micro, Small and Medium Enterprises Development Act, 2006 has conducted the arbitral proceedings as per the provisions of Section 18 of the MSMED Act. The bench of Justice Prateek Jalan remarked that since there was no arbitration agreement between …

Arbitration Cases Weekly Round-Up: 15 January to 21 January 2022
2 years, 2 months ago

Arbitration Cases Weekly Round-Up: 15 January to 21 January 2022

Live Law  

Supreme Court: 12 Months Time Limit Under Section 29A Arbitration Act Not Applicable To International Commercial Arbitration: Supreme Court Case Title: TATA Sons Pvt Ltd versus Siva Industries and Holdings Ltd The Supreme Court has held that the time limit of twelve months as prescribed in Section 29A of Arbitration and Conciliation Act is not applicable for international commercial arbitration. …

Delivery Of Arbitration Award To Employee/ Agent Of Party, Not A Valid Delivery Under Arbitration Act: Delhi High Court
2 years, 2 months ago

Delivery Of Arbitration Award To Employee/ Agent Of Party, Not A Valid Delivery Under Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court has ruled that delivery of arbitral award, to be effective under the Arbitration and Conciliation Act, 1996, must be made to a person who has direct knowledge of the arbitral proceedings. Challenging the arbitral award, the petitioner filed a petition under Section 34 of the A&C Act before the Delhi High Court. The petitioner, Monika Oli, …

Just Because Interlocutory Order Of Arbitral Tribunal Is Not Challengeable Under Section 34 Of A&C Act, Remedy Is Not Writ Under Article 226 And 227: Delhi High Court
2 years, 7 months ago

Just Because Interlocutory Order Of Arbitral Tribunal Is Not Challengeable Under Section 34 Of A&C Act, Remedy Is Not Writ Under Article 226 And 227: Delhi High Court

Live Law  

The Delhi High Court has ruled that merely because an interlocutory order passed by the Arbitral Tribunal is not amenable to challenge under Section 34 of the Arbitration and Conciliation Act, 1996, the remedy under Article 226 and Article 227 of the Constitution of India would not be available against the said order. The Court observed that the petitioner had …

Liquidated Damages Can't Be Imposed When The Engineer-In-Charge Holds That The Cause Of Delay Is Explained: Delhi High Court
2 years, 10 months ago

Liquidated Damages Can't Be Imposed When The Engineer-In-Charge Holds That The Cause Of Delay Is Explained: Delhi High Court

Live Law  

The High Court of Delhi has held that liquidated damages can't be imposed when the Engineer-in-Charge holds that the cause of delay is explained. The petitioner relied on Thermospares India v. B.H.E.L, SCC OnLine Del 665 to submit that although EIL had concluded that the respondent is not responsible for the delay, however, it did not conclude that the delay …

Inordinate And Unexplained Delay In Rendering Arbitral Award Is Against Public Policy Of India: Delhi High Court
2 years, 10 months ago

Inordinate And Unexplained Delay In Rendering Arbitral Award Is Against Public Policy Of India: Delhi High Court

Live Law  

The Delhi High Court has ruled that inordinate and unexplained delay in rendering the arbitral award is in conflict with the public policy of India and is amenable to challenge under Section 34 of the Arbitration and Conciliation Act, 1996. The petitioner filed a petition under Section 34 of the A&C Act against the arbitral award before the Delhi High …

Factual/ Legal Errors In Arbitral Award Falling Short Of Perversity Do Not Merit Interference U/S 34 Or 37 Of Arbitration Act: Delhi High Court
2 years, 10 months ago

Factual/ Legal Errors In Arbitral Award Falling Short Of Perversity Do Not Merit Interference U/S 34 Or 37 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court has observed that the Arbitrator or Tribunal is the final arbiter on facts as well as in law, and even errors, factual or legal, which stop short of perversity, do not merit interference under sec. 37 of the Act challenging the order dated 12.07.2017 passed by the Single Judge of High Court which had dismissed the …

Delhi HC Suspends The Order of Controller General of Patents, Designs and Trademarks Which Had Directed For Filing of Documents and Fees By June 01 [Read Order]
4 years, 10 months ago

Delhi HC Suspends The Order of Controller General of Patents, Designs and Trademarks Which Had Directed For Filing of Documents and Fees By June 01 [Read Order]

Live Law  

Delhi High Court has suspended the operation of the May 18 order of the Controller General of Patents, Designs and Trademarks, which had directed litigants and advocates to complete various acts/proceedings, filing of any reply/document, payment of fees, etcetera in the matter of any intellectual property applications/actions by 01.06.2020. Challenging the said order, Senior Advocate Chander M Lall submitted that …

Delhi HC Allows Application To Extend Time For Completion Of Arbitration Proceedings Due To COVID19 Lockdown [Read Order]
4 years, 11 months ago

Delhi HC Allows Application To Extend Time For Completion Of Arbitration Proceedings Due To COVID19 Lockdown [Read Order]

Live Law  

In a plea moved under Section 29A of the Arbitration and Conciliation Act, the Delhi High Court has allowed extension of time for concluding the arbitration proceedings and passing of the award, in light of the COVID19 pandemic. The Single Bench of Justice Navin Chawla has extended the time for the said proceedings by 6 months, after a consensus was …

Limitation Period For Application To Set Aside Arbitral Award Begins From Date Of Disposal Of Application To Correct The Award: SC [Read Order]
6 years, 7 months ago

Limitation Period For Application To Set Aside Arbitral Award Begins From Date Of Disposal Of Application To Correct The Award: SC [Read Order]

Live Law  

‘Section 34 specifically speaks of the date on which a request under Section 33 has been “disposed of” by the Arbitral Tribunal. We are also of the view that a “disposal” of the application can be either by allowing it or dismissing it.’The Supreme Court has made it clear that the limitation period to make application to set aside arbitral …

Limitation Period For Application To Set Aside Arbitral Award Begins From Date Of Disposal Of Application To Correct The Award: SC [Read Order]
6 years, 7 months ago

Limitation Period For Application To Set Aside Arbitral Award Begins From Date Of Disposal Of Application To Correct The Award: SC [Read Order]

Live Law  

‘Section 34 specifically speaks of the date on which a request under Section 33 has been “disposed of” by the Arbitral Tribunal. We are also of the view that a “disposal” of the application can be either by allowing it or dismissing it.’The Supreme Court has made it clear that the limitation period to make application to set aside arbitral …

Discover Related