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Bombay High Court Dismisses Appeal Against Arbitral Award in Railway Contract Dispute — Clause 17(iii) Bars Compensation for Delay. Contractor's Claims for Under-Utilisation of Labour, Overhead Charges, and Loss of Profits Rejected Due to Express Contractual Prohibition.

The case involves an appeal by M/s. Bombay Railways Engineering Co. against the General Manager, Central Railway, arising from a challenge to an arbit...

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Supreme Court Upholds Limitation of Liability Clause in Arbitration Case — Clause 49.5 Bars Damages for Employer Delay. Contractual prohibition on claiming damages for employer-caused delay held valid and enforceable under the Arbitration and Conciliation Act, 1996.

The dispute arose from a construction contract between M/s. C & C Constructions Ltd. (appellant) and IRCON International Ltd. (respondent) for buildin...

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High Court of Bombay Sets Aside Arbitral Award for Extra Overhead Expenses in Railway Contract Dispute — Clause 17(3) Bars Damages for Delay. The court held that the Arbitral Tribunal's award of compensation for delay was contrary to the express terms of the contract and the mutual shortclosure agreement.

The case involves a challenge by the Union of India (Petitioner) against an arbitral award dated 20th February 2007 passed by an Arbitral Tribunal in ...

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Supreme Court Dismisses Railways' Appeals Against Appointment of Independent Arbitrator in Contract Disputes. Failure to Appoint Arbitrator Within 60 Days Forfeits Railways' Right Under Clause 64 of GCC.

The Supreme Court dismissed two appeals filed by the Union of India (Railways) against the judgments of the Delhi High Court appointing independent ar...