Abhinav Agnihotri

High Court Upholds Contractual Limits on Damages in Arbitration

By / Compliance / October 15, 2024

The Delhi High Court recently ruled that an arbitral tribunal cannot award damages prohibited by the contract. This reinforces the principle that contractual agreements are binding and must be respected in arbitration proceedings. Key takeaways: – ⁠Contractual terms prevail: Parties should carefully draft contracts to outline the damages that can be claimed clearly. – Arbitration …

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Arbitral Tribunal cannot go beyond the covenants agreed between the parties in granting damages expressly barred Division Bench of High Court of Delhi

Arbitral Tribunal cannot go beyond the covenants agreed between the parties in granting damages expressly barred: Division Bench of High Court of Delhi

By / Regulatory / August 28, 2024

The Division Bench of the High Court of Delhi in its recent judgement has held that an arbitral tribunal cannot grant damages under a contract if such damages are specifically barred from being claimed under the contract. The facts in brief are that Plus91 Security Solutions (‘Plus91’) and NEC Corporation India Private Limited (‘NEC’) entered …

Arbitral Tribunal cannot go beyond the covenants agreed between the parties in granting damages expressly barred: Division Bench of High Court of Delhi Read More »

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