Delhi High Court has recently held an arbitrator cannot act arbitrarily, irrationally, capriciously or independent of contract. An arbitrator, even when he is an expert, cannot be allowed to give an award in a mechanical manner. The determination of quantum of damages has to depend upon the facts and terms of the contract. Where the arbitrator does not apply the terms of the contract for determining damages, such award cannot be upheld.
No comments:
Post a Comment