Court : Delhi
Decided on : Jul-01-2019
..... with.38. insofar as domestic awards made in india are concerned, an additional ground is now available under sub-section (2a), added by the amendment act, 2015, to section 34. here, there must be patent illegality appearing on the face of the award, which refers to such illegality as goes to the root of the matter but which does not amount ..... in paragraphs 36 to 39 of associate builders (supra). explanation 2 to section 34(2)(b)(ii) and explanation 2 to section 48(2)(b)(ii) was added by the amendment act only so that western geco (supra), in associate builders (supra), and paragraphs 28 and 29 in particular, is now understood as o.m.p. (comm) 229/2019 page ..... approach, the court's intervention would be on the merits of the award, which cannot be permitted post amendment. however, insofar as principles of natural justice are concerned, as contained in sections 18 and 34(2)(a)(iii) of the 1996 act, these continue to be grounds of challenge of an award, as is contained in paragraph 30 of .....
Tag this Judgment!Court : Delhi
Decided on : Jul-03-2019
..... to section 38. insofar as domestic awards made in india are concerned, an additional ground is now available under sub-section (2a), added by the amendment act, 2015, to section 34. here, there must be patent illegality appearing on the face of the award, which refers to such illegality as goes to the root of the matter but which does not amount ..... , for if an arbitrator gives no reasons for an award and contravenes section 31(3) of the 1996 act that would certainly amount to a patent illegality on the face of the award.41. the change made in section 28(3) by the amendment act really follows what is stated in paragraphs 42.3 to 45 in associate builders (supra), namely, that the ..... at panipat (haryana). o.m.p. (comm) 322/2017 page 1 2. the respondent had invited bids for the above project by a letter inviting bid on 30.09.2005. clause 2 of the letter described the scope of work as under: 2. brief scope of work the scope of work shall include installation of cryogenic oxygen and nitrogen (n2o2 .....
Tag this Judgment!Court : Delhi
Decided on : Nov-27-2019
..... 38. insofar as domestic awards made in india are concerned, an additional ground is now available under sub-section (2a), added by the amendment act, 2015, to section 34. here, there must be patent illegality appearing on the face of the award, which refers to such illegality as goes to the root of the matter but which does ..... if an arbitrator gives no reasons for an award and contravenes section 31(3) of the 1996 act, that would certainly amount to a patent illegality on the face of the award.41. the change made in section 28(3) by the amendment act really follows what is stated in paragraphs 42.3 to 45 in associate builders (supra), namely, ..... engineering & construction co. ltd. (supra) the supreme court has re-examined the scope of the power of the court especially in light of the arbitration and conciliation (amendment) act, 2015 and held as under: to law would be relegated 35. what is clear, therefore, is that the expression public policy of india , whether contained in section 34 .....
Tag this Judgment!Court : Delhi
Decided on : Jul-05-2019
..... as domestic awards made in india are concerned, an additional ground is now available under sub-section (2a), added by the amendment act, 2015, to section 34. here, there must be patent illegality appearing on the face of the award, which refers to such illegality as goes to the root of the matter but which does not amount ..... would remain, for if an arbitrator gives no reasons for an award and contravenes section 31(3) of the 1996 act that would certainly amount to a patent illegality on the face of the award.41. the change made the amendment act really follows what is stated in paragraphs 42.3 to 45 in associate builders (supra), in section 28(3) by ..... 2 2 (supra). understood in paragraphs 36 to 39 of associate builders to section 34(2)(b)(ii)and to section 48(2)(b)(ii) was added by the amendment act only so that western geco (supra), as understood in associate builders (supra), and paragraphs 28 and 29 in particular, is now done away with. explanation 38. insofar .....
Tag this Judgment!Court : Delhi
Decided on : Jul-30-2019
..... section 38. insofar as domestic awards made in india are concerned, an additional ground is now available under sub-section (2a), added by the amendment act, 2015, to section 34. here, there must be patent illegality appearing on the face of the award, which refers to such illegality as goes to the root of the matter but which does not ..... gives no reasons for an award and contravenes section 31(3) of the 1996 act, that omp(comm.) no.228/2017 page 14 would certainly amount to a patent illegality on the face of the award.41. the change made in section 28(3) by the amendment act really follows what is stated in paragraphs 42.3 to 45 in associate builders ..... against basic notions of justice or morality as understood in paragraphs 36 to 39 of associate builders (supra). explanation 2 to section 34(2)(b)(ii)and explanation by the amendment act only so that western geco (supra), as understood in associate builders (supra), and paragraphs 28 and 29 in particular, is now done away with. 48(2)(b)(ii .....
Tag this Judgment!Court : Delhi
Decided on : May-24-2019
..... ). explanation 2 38. insofar as domestic awards made in india are concerned, an additional ground is now available under sub-section (2a), added by the amendment act, 2015, to section 34. here, there must be patent illegality appearing on the face of the award, which refers to such illegality as goes to the root of the matter but which does not amount ..... and bridges on nh-87 in uttar pradesh (package-ii).2. the contract price was of rs. 221,42,18,567/-. the date of commencement of work was 31.03.2005 and the date for scheduled completion of work was 30.09.2007. o.m.p. (comm) 41/2019 page 1 3. admittedly, the work with respect to widening ..... (hereinafter referred to as the act ) has been filed challenging the arbitral award dated 20.09.2018 passed by the arbitral tribunal adjudicating the disputes that have arisen between the parties in relation to the agreement dated 04.02.2005, executed between the parties for the project for widening and strengthening of national highway no.24 from km 93. .....
Tag this Judgment!Court : Delhi
Decided on : May-29-2019
..... 38. insofar as domestic awards made in india are concerned, an additional ground is now available under sub-section (2a), added by the amendment act, 2015, to section 34. here, there must be patent illegality appearing on the face of the award, which refers to such illegality as goes to the root of the matter but which does not amount ..... if an arbitrator gives no reasons for an award and contravenes section 31(3) of the 1996 act that would certainly amount to a patent illegality on the face of the award.41. the change made in section 28(3) by the amendment act really follows what is stated in paragraphs 42.3 to 45 in associate builders (supra), namely, that ..... morality as understood in paragraphs 36 to 39 of associate builders to section 34(2)(b)(ii)and explanation 2 to section 48(2)(b)(ii) was added by the amendment act only so that western geco (supra), as understood in associate builders (supra), and paragraphs 28 and 29 in particular, is now done away with. (supra). explanation 2 .....
Tag this Judgment!Court : Delhi
Decided on : Aug-06-2019
..... awards made in india are concerned, an additional ground is now available under sub-section (2a), added by the amendment act, 2015, to section 34. here, there must be patent illegality appearing on the face of the award, which refers to such illegality as goes to the root of the matter but which does not amount ..... for if an arbitrator gives no reasons for an award and contravenes section 31(3) of the 1996 act that would certainly amount to a patent illegality on the face of the award.41. the change made in section 28(3) by the amendment act really follows what is stated in paragraphs 42.3 to 45 in associate builders (supra), namely, that ..... in paragraphs 36 to 39 of associate builders (supra). explanation 2 to section 34(2)(b)(ii)and explanation 2 to section 48(2)(b)(ii) was added by the amendment act only so that western geco (supra), as understood in associate builders (supra), and paragraphs 28 and 29 in particular, is now done away with.38. insofar as domestic .....
Tag this Judgment!Court : Delhi
Decided on : Oct-15-2019
..... , it is difficult to accept that the impugned award suffers from patent illegality inasmuch as the tribunal has directed the performance of the development agreement. thus no interference in the impugned award is warranted even if the statutory amendments as introduced by arbitration and conciliation (amendment) act 2015 are ignored. 18. another submission made before us is that ..... reasons for the same. it is contended that the award is against public policy; and contrary to the contract and statutory provisions of law; perverse and patently illegal and thus, liable to be set aside.12. the learned counsel for the respondent submits that the respondent is ready and willing to perform his part ..... arbitral award is concerned, the learned single judge has rightly held that an award under section 34(2a) of the act though provides for a provision to set aside the arbitral award in case of patent illegality, but the proviso to the same restricts scope of section 34(2a) as it provides that an award .....
Tag this Judgment!Court : Delhi
Decided on : Sep-16-2019
..... and deducted the 10% of the contract value as penalty, as per clause 21 of the gcc. learned counsel therefore submits that the learned arbitrator has committed patent illegality in allowing the claims of the respondent towards the deduction of the ld charges.16. lastly, it is contended by learned counsel for the petitioner that the ..... noticing the merits of the matter. 25. in the case of associate builders (supra), the apex court has divided patent illegality into three sub-heads as under:-"xxx 42. in the 1996 act, this principle is substituted by the patent illegality principle which, in turn, contains three subheads:42. 1. (a) a contravention of the substantive law of ..... the court's intervention would be on the merits of the award, which cannot be permitted post amendment. however, insofar as principles of natural justice are concerned, as contained in sections 18 and 34(2)(a)(iii) of the 1996 act, these continue to be grounds of challenge of an award, as is contained in paragraph 30 of .....
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