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The petition is incompetent because the arbitral award has already been recognized and enforced as a court decree in prior proceedings between the same parties, rendering the court functus officio and leaving no award to be challenged.
Source excerpt
The High Court dismissed a petition to remit or set aside an arbitral award, holding that no serious irregularity was shown under the Arbitration Act, 2020.
The High Court dismissed a petition to remit or set aside an arbitral award, holding no serious irregularity was shown under the Arbitration Act, 2020.
The High Court set aside an arbitral award after finding the arbitrator misapplied the Architects and Quantity Surveyors By-Laws on travel time charges.
The High Court dismissed a petition to set aside an arbitral award, holding that the claimant failed to prove misconduct or improper procurement under section 16.
The court found that the arbitration clause covered disputes between the parties, including termination, and the petitioner failed to prove otherwise. The Attorney General's full participation in the arbitration satisfied statutory requirements, despite not formally signing the submission. No evidence of arbitrator misconduct or improper procurement was shown. The grounds for setting aside the award under Section 16 of the Arbitration Act were not met. The petition was dismissed with costs.
Source excerpt
High Court ruling on a challenge to an arbitral award in a road construction contract dispute, involving BOQ interpretation, costs, and liquidated damages.
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