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    <title>1989 (10) TMI 227 - Supreme Court</title>
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    <description>An arbitration award was found unsustainable where the arbitrator failed to consider the respondents&#039; counterclaims, because both claim and counterclaim had to be dealt with before making an award; the remand for fresh consideration was upheld and the later review was set aside for lack of review grounds. The principles of res judicata, constructive res judicata, and Order 2 Rule 2 CPC were held applicable to arbitration proceedings, so claims arising from the same terminated contract that could have been raised earlier were barred in a later reference. The first award failed, the second reference and award were barred, and the High Court&#039;s decision was affirmed.</description>
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    <pubDate>Thu, 05 Oct 1989 00:00:00 +0530</pubDate>
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      <title>1989 (10) TMI 227 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=169906</link>
      <description>An arbitration award was found unsustainable where the arbitrator failed to consider the respondents&#039; counterclaims, because both claim and counterclaim had to be dealt with before making an award; the remand for fresh consideration was upheld and the later review was set aside for lack of review grounds. The principles of res judicata, constructive res judicata, and Order 2 Rule 2 CPC were held applicable to arbitration proceedings, so claims arising from the same terminated contract that could have been raised earlier were barred in a later reference. The first award failed, the second reference and award were barred, and the High Court&#039;s decision was affirmed.</description>
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      <pubDate>Thu, 05 Oct 1989 00:00:00 +0530</pubDate>
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