Dispute Resolution Hotline
May 20, 2019
Delhi High Court sets aside the arbitral award passed in the Airport Metro Express dispute

This article was first published in the Nani Palkhivala Arbitration Centre Newsletter

SUMMARY

The Delhi High Court recently partially set aside an arbitral award in the case of Delhi Metro Rail Corporation Ltd. v. Delhi Airport Metro Express Private Limited. Lately, courts have consistently upheld arbitral awards. However, the Delhi High Court in the present case has made a departure from this, and held that an arbitral award can be set aside when there are serious irregularities with the arbitral award, which are too obvious and apparent to be ignored as inconsequential. Resultantly, save and except one finding of the arbitral tribunal, the Delhi High Court set aside the award, and granted liberty to the parties to invoke the arbitration clause again for a fresh adjudication of their claims and counter-claims.

Find Alipak Banerjee and Bhavana Sunder’s analysis on the judgment here.

 

– Bhavana Sunder & Alipak Banerjee

You can direct your queries or comments to the authors

 

Disclaimer

The contents of this hotline should not be construed as legal opinion. View detailed disclaimer.

This Hotline provides general information existing at the time of preparation. The Hotline is intended as a news update and Nishith Desai Associates neither assumes nor accepts any responsibility for any loss arising to any person acting or refraining from acting as a result of any material contained in this Hotline. It is recommended that professional advice be taken based on the specific facts and circumstances. This Hotline does not substitute the need to refer to the original pronouncements.

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Dispute Resolution Hotline

May 20, 2019

Delhi High Court sets aside the arbitral award passed in the Airport Metro Express dispute

This article was first published in the Nani Palkhivala Arbitration Centre Newsletter

SUMMARY

The Delhi High Court recently partially set aside an arbitral award in the case of Delhi Metro Rail Corporation Ltd. v. Delhi Airport Metro Express Private Limited. Lately, courts have consistently upheld arbitral awards. However, the Delhi High Court in the present case has made a departure from this, and held that an arbitral award can be set aside when there are serious irregularities with the arbitral award, which are too obvious and apparent to be ignored as inconsequential. Resultantly, save and except one finding of the arbitral tribunal, the Delhi High Court set aside the award, and granted liberty to the parties to invoke the arbitration clause again for a fresh adjudication of their claims and counter-claims.

Find Alipak Banerjee and Bhavana Sunder’s analysis on the judgment here.

 

– Bhavana Sunder & Alipak Banerjee

You can direct your queries or comments to the authors

 

Disclaimer

The contents of this hotline should not be construed as legal opinion. View detailed disclaimer.

This Hotline provides general information existing at the time of preparation. The Hotline is intended as a news update and Nishith Desai Associates neither assumes nor accepts any responsibility for any loss arising to any person acting or refraining from acting as a result of any material contained in this Hotline. It is recommended that professional advice be taken based on the specific facts and circumstances. This Hotline does not substitute the need to refer to the original pronouncements.

This is not a Spam mail. You have received this mail because you have either requested for it or someone must have suggested your name. Since India has no anti-spamming law, we refer to the US directive, which states that a mail cannot be considered Spam if it contains the sender's contact information, which this mail does. In case this mail doesn't concern you, please unsubscribe from mailing list.

NDA Connect

Connect with us at events, 
conferences and seminars.