Supreme Court Upholds Arbitrator’s Decision, Rejects Challenge to Interpretation of Contract Clause
In a significant legal development, the Supreme Court of India has upheld the decision of an arbitrator in a dispute over the interpretation of a contract clause. The case, Central Warehousing Corporation v. Aqdas Maritime Agency Private Limited, saw the petitioner challenging the arbitrator’s interpretation of Clause XII of the agreement.
The petitioner heavily relied on a prior Supreme Court decision in the case of Rashtriya Ispat Nigam Limited vs. Dewan Chand Ram Saran. They argued that this decision had been ignored by the lower courts dealing with remedies under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996.
In its observation, the Supreme Court noted the following:
“In any case, assuming that Clause 9.3 was capable of two interpretations, the view taken by the arbitrator was clearly a possible if not a plausible one. It is not possible to say that the arbitrator had traveled outside his jurisdiction, or that the view taken by him was against the terms of the contract.”
The Court further examined the relevant clause and the facts surrounding the case. After careful consideration, it concluded that the arbitrator’s interpretation was a possible view based on the material on record.
As a result, the Special Leave Petitions challenging the arbitrator’s decision were dismissed by the Supreme Court. This judgment emphasizes the significance of an arbitrator’s discretion in interpreting contract clauses and highlights the importance of a thorough examination of the facts in arbitration cases.
Representing the petitioner in the case were Ms. Aditi Tripathi, Advocate, and Mr. Rahul Narayanan, Advocate on Record. The Bench consisted of HON’BLE MR. JUSTICE ABHAY S. OKA and HON’BLE MR. JUSTICE PANKAJ MITHAL.
This ruling reaffirms the principle that arbitral awards are to be respected unless they are patently illegal, and their interpretation is a matter of fact and discretion for the arbitrator.
Date of Decision: 26-09-2023
CENTRAL WAREHOUSING CORPORATION vs AQDAS MARITIME AGENCY PRIVATE LIMITED
