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Supreme Court Partially Allows Appeal in Arbitration Dispute Over Canal Construction Contract — Upholds Arbitrator's Award on Premium Rate at 93.12% for Extra Work, Remits Claim No.8 for Reconsideration, and Restores Interest at 12% Per Annum

The dispute arose from a contract dated 05.02.1985 between Chandigarh Construction Co. Pvt. Ltd. (claimant) and the State of Punjab (opposite party) f...

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Bombay High Court Dismisses Section 37 Appeals, Upholding Arbitral Award Against Project Owner in Construction Dispute. Project Owner Bound by Arbitration Clause Though Non-Signatory, Owing to Active Participation and Common Intention Under Cox and Kings Principle.

The Bombay High Court considered three appeals under Section 37 of the Arbitration and Conciliation Act, 1996 arising from a construction contract dis...

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High Court of Bombay at Goa Dismisses Appeal Against Arbitral Award in Construction Contract Dispute. Court holds that arbitrators are not bound to give reasons for each item of claim and that the award is not liable to be set aside for non-speaking nature under the Arbitration Act, 1940.

The appellant, Board of Trustees of Port of Mormugao, a body corporate under the Major Port Trusts Act, 1963, entered into a contract dated 12/10/1985...

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Supreme Court Upholds Arbitral Award in Contract Dispute Over 'Change in Law' Clause — High Court Exceeded Jurisdiction Under Section 37 of Arbitration Act. Interpretation of contractual clause by Arbitral Tribunal was plausible and not perverse, hence not liable to be set aside under Section 34.

The Supreme Court allowed the appeal filed by South East Asia Marine Engineering and Constructions Ltd. (SEAMEC Ltd.) against the judgment of the Gauh...

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High Court of Karnataka Allows Writ Petition Challenging Execution of Arbitral Award Without Decree — Arbitral Award Cannot Be Executed Directly Under Section 38 CPC Without Prior Decree Under Section 36 of Arbitration Act.

The petitioner, Sri Chandrashekhar, was the judgment debtor in execution proceedings before the Principal District and Sessions Judge, Mysore. The dec...

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Bombay High Court Dismisses Union of India's Appeal and Finds Compensation Awarded to Family of Quadriplegic Army Officer Inadequate. MACT Award of Rs.13,09,500 on Death Basis Held Not Just; Court Directs Enhancement Under Motor Vehicles Act, 1988 for Tetraplegia Resulting from Road Accident.

The case arose from a motor vehicle accident on 17 October 1991, when Bhagendra Singh, a non-commissioned officer in the Indian Army, was struck by a ...