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.