Case Law Analysis
|Delhi High Court
Contractual Waiver Clause & Patent Illegality Override Commercial Interpretation: Delhi HC Sets Aside Arbitral Award | Arbitration and Conciliation Act, Section 34
Delhi High Court ruled that an arbitral tribunal cannot rewrite a contract under the guise of 'business efficacy' if it ignores an express 14-day waiver clause. The court held that patent illegality and contractual waiver provisions prevail over commercial interpretation, setting aside an award that reduced fixed transportation charges without legal basis.