STATE OF UTTAR PRADESH V. ALLIED CONSTRUCTIONS State of Uttar Pradesh v. Allied Constructions, (2003) 7 SCC 396 ISSUE: Whether an arbitrator can pass an award inspite of the contract preventing claims for damages due to unpredicted natural disasters? RULE: A challenge to set aside an arbitration award can be filed only if it fulfills...
Whether an arbitrator’s legal misconduct in discrepancies in important issues of granting damages can be a ground to set aside the arbitral award?
An arbitral award can be set aside by a court only if there is an explicit and evident legal error, breach of jurisdiction by arbitrator or legal misconduct on part of the arbitrator.
Whether the respondent's motion for correction of the arbitral award, filed on December 29, 2016, was maintainable under Section 33 of the Arbitration Act after the 30-day limitation period from the date of service of the arbitral judgement?
Whether it is possible that the respondent's late application under Section 33, which was not maintainable, could prolong the time limit for the petitioners to file an arbitration petition under Section 34 challenging the initial arbitral judgement of June 4, 2015?
In India, the Arbitration and Conciliation Act of 1996 oversees the resolution of arbitration issues. Section 34 of the Act addresses the setting aside of an arbitral award, while Section 33 addresses award revision and interpretation.
Whether the petitioner's challenge under Section 34 of the Arbitration and Conciliation Act, 1996, to the arbitral award dated 15.10.2019, which allowed the respondent's claims with costs and interest, justified in light of contractual disagreements concerning CENVAT credit and tax reimbursement?
Whether the learned Arbitrator correctly interpret the contract terms regarding the deduction of CENVAT credit and reimbursement of Central Sales Tax, and were the awarded claims, costs, and interest reasonable and in accordance with the petitioner-respondent contract?
The case, which involves a challenge to an arbitral ruling, is governed under the Arbitration and Conciliation Act of 1996. Sections 34 and 33 of the Act, which deal with appealing awards and correction/interpretation, are fundamental to the legal rules. Contract law considerations also apply when interpreting CENVAT credit and tax reimbursement contract conditions.