Topic

Judicial Interference

4 articlesLatest May 2026
Arbitration and Conciliation Act, Section 34 | Termination Payment Enforceable Under BOT Contract Even Without Explicit Claim : SC
Case Law Analysis
|Supreme Court of India

Arbitration and Conciliation Act, Section 34 | Termination Payment Enforceable Under BOT Contract Even Without Explicit Claim : SC

The Supreme Court upholds an arbitral award for termination payment under a BOT concession agreement, ruling that contractual obligations can be enforced based on implied intent and performance, even if not expressly pleaded. This reinforces party autonomy and narrows judicial review under Section 34, setting a critical precedent for infrastructure arbitrations across public-private partnerships.

Section 34 Arbitration Act | Non-Speaking Award Upheld If Arbitrator Demonstrates Plausible Reasoning : Calcutta HC
Case Law Analysis
|Calcutta High Court

Section 34 Arbitration Act | Non-Speaking Award Upheld If Arbitrator Demonstrates Plausible Reasoning : Calcutta HC

Calcutta High Court reinforces the limited scope of judicial review under Section 34 of the Arbitration and Conciliation Act, holding that an arbitral award need not be exhaustive in reasoning if it shows a plausible application of mind to evidence and contractual terms. The ruling underscores that courts cannot substitute their judgment for that of the arbitrator, provided the award is not perverse or patently illegal.