https://www.taxtmi.com/caselaws?id=165139 A contractual precondition to arbitration cannot defeat the arbitral remedy where no engineer was validly appointed and the supposed engineer's decision never existed in substance; the 30-day restriction on invoking arbitration was treated as unenforceable. Objections to tribunal constitution and alleged bias were held waived when not raised in time, and bias could not be inferred from partial success on claims alone. The award was otherwise protected from interference because the tribunal's procedural choices caused no prejudice and the factual findings on performance tests, bank guarantees, additional works, and liquidated damages were plausible. Interest was upheld in principle but reduced in rate, with only limited modification to the award. en-us Fri, 17 Apr 2009 00:00:00 +0530 Tue, 11 Nov 2014 09:50:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=165139 A contractual precondition to arbitration cannot defeat the arbitral remedy where no engineer was validly appointed and the supposed engineer's decision never existed in substance; the 30-day restriction on invoking arbitration was treated as unenforceable. Objections to tribunal constitution and alleged bias were held waived when not raised in time, and bias could not be inferred from partial success on claims alone. The award was otherwise protected from interference because the tribunal's procedural choices caused no prejudice and the factual findings on performance tests, bank guarantees, additional works, and liquidated damages were plausible. Interest was upheld in principle but reduced in rate, with only limited modification to the award. Case-Laws Companies Law Fri, 17 Apr 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=165139