SUPREME COURT JUDGMENT ON INTERPRETATION OF SECTION 48 OF THE ARBITRATION AND CONCILIATION ACT, 1996

 

 

 

 

NAME

MOBILE NO.

E-MAIL I’D

RANJEET KUMAR

8383098478, 9667769795

rk@courtkutchehry.com

JAI THAKUR

8130703334, 9355723300

jai.thakur@courtkutchehry.com

RAJEEV RANJAN

9334553249

rajiv.ranjan@courtkutchehry.com

ASHOK MISHRA

9718327746

sales@courtkutchehry.com

RAVI KUMAR


ravi.singh@courtkutchehry.com


A Full Bench of the Supreme Court while dismissing a Civil Appeal challenging the Judgment and Order passed by the Delhi High Court, wherein the application under Section 48 of the Arbitration and Conciliation Act, 1996 filed by the Government of India has been dismissed held that the interpretation of the terms of the Contract (Production Sharing Contract) lies within the domain of the Arbitral Tribunal. The Arbitration Award cannot be impeached on merits before the enforcement court. The enforcement court cannot re-assess or re-appreciate the evidence led in the arbitration. Section 48 of the Arbitration and Conciliation Act does not provide a de facto appeal on the merits of the award. The enforcement court exercising jurisdiction under Section 48 of the Arbitration and Conciliation Act, cannot refuse enforcement by taking a different interpretation of the terms of the Contract.

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