https://www.taxtmi.com/caselaws?id=184231 A later deletion of High Court reference rules did not retrospectively invalidate a third-Judge reference made while those rules were in force, so the reference order remained procedurally sustainable. An arbitral award may nevertheless be set aside where it is based on misreading of material documents, ignores vital evidence, reflects non-application of mind, or rests on an error of law apparent on the face of the record. The court also noted that waiver is not perpetual where breaches continue, and a party in continuing default cannot insist on performance or claim damages for non-performance caused by its own breach. Applying these principles, the damages award was set aside and the counter-claim was rejected. en-us Tue, 01 May 2001 00:00:00 +0530 Sat, 02 Jul 2016 15:34:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=184231 A later deletion of High Court reference rules did not retrospectively invalidate a third-Judge reference made while those rules were in force, so the reference order remained procedurally sustainable. An arbitral award may nevertheless be set aside where it is based on misreading of material documents, ignores vital evidence, reflects non-application of mind, or rests on an error of law apparent on the face of the record. The court also noted that waiver is not perpetual where breaches continue, and a party in continuing default cannot insist on performance or claim damages for non-performance caused by its own breach. Applying these principles, the damages award was set aside and the counter-claim was rejected. Case-Laws Indian Laws Tue, 01 May 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=184231