Just a moment...
Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the successor Superintending Engineer could validly complete the arbitration and whether the award was liable to be set aside for alleged lack of jurisdiction, breach of natural justice, or non-consideration of claims.
Analysis: The agreement named the Superintending Engineer of the Circle for the time being as arbitrator. The party knew of the change in incumbency, received notice, and participated in the proceedings before the successor without protest, fresh objection, or request for a further opportunity. Such conduct amounted to acquiescence and precluded a later challenge to the successor's authority. The objection based on natural justice therefore failed. The challenge to the award on the ground that all claims were not considered also failed, since an unreasoned award is not liable to be reopened unless there is a patent mistake of law or a gross misstatement of facts causing miscarriage of justice, which was not shown.
Conclusion: The successor arbitrator had jurisdiction to conclude the reference, and the award was not liable to be interfered with.