Interpretation of a contract condition, which required the ...

Indian Laws

April 12, 2024

Interpretation of a contract condition, which required the measurement of quantities used for payment for embankment construction with soil or with pond ash - Section 34 of the Arbitration and Conciliation Act, 1996 - The Supreme Court meticulously dissected the contractual provisions, the arbitral awards, and the technical specifications, emphasizing the need for a harmonious interpretation. The Court underscored the value of technical expertise in arbitration, particularly in disputes involving complex technical questions. The majority opinion of the arbitration tribunal, which favored a composite measurement approach, was considered plausible within the contractual framework. The Supreme Court overturned the judgments of the High Court that had favored NHAI's interpretation, reinstating the majority arbitral awards that supported the contractors' perspective.

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Interpretation of a contract condition, which required the ...

Indian Laws

April 12, 2024

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