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GST - Highlights / Catch Notes

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Burden to bear the GST amount - Arbitration award- supply of the ...


Arbitration Award on Elevator Supply GST Dispute: Balancing Equity and Legal Obligations u/s 28(2) of Arbitration Act.

November 24, 2021

Case Laws     GST     HC

Burden to bear the GST amount - Arbitration award- supply of the elevators - The phrase “ex aecquo et bono” means according to equity and conscience. It empowers the arbitrator to dispense with consideration of the law and to take decisions on notions of fairness and equity. The term ‘amiable compositeur’ is a French term and means an unbiased third party who is not bound to apply strict rules of law and who may decide a dispute according to justice and fairness. In view of Section 28(2) of the A&C Act, the Arbitral Tribunal was required to decide the disputes in accordance with law and not render a decision in disregard of the same, in the interest of justice and equity. - HC

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