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As per case facts, the Appellant challenged a Commercial Court judgment that upheld an arbitral award. The award found the Appellant's termination of a consultancy agreement illegal and awarded professional
...fees and expenses to the Respondent. The Appellant contended that the termination was justified due to the Respondent's non-performance of Key Performance Indexes (KPIs). The question arose whether the Arbitral Tribunal's findings on the termination's legality and the awarded sums were patently illegal or contrary to the record. Finally, the High Court determined that the Tribunal's finding on termination was without basis and patently illegal. Consequently, the High Court set aside the award for professional fees, software, and laptop expenses, allowing parties to initiate fresh arbitration for consultancy fees.
Bench
Applied Acts & Sections
Section 34
–The Arbitration And Conciliation Act, 1996
Section 37
–The Arbitration And Conciliation Act, 1996
Legal Notes
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