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    <title>2021 (12) TMI 614 - Supreme Court</title>
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    <description>An arbitral award was upheld where the final compensation exceeded an interim computation in the claim, because the statement of claim had reserved later details and the award was still within the pleaded dispute. The arbitrator also acted within the scope of reference by assessing continuing loss from diverted traffic and related additional expenditure. The award was not treated as rewriting the contract merely because compensation was granted at a higher rate than the original contractual rate, since that rate reflected the changed factual burden on the contractor. However, compensation at the enhanced rate could not continue after January 2008, when the diversion of additional traffic ceased, so the award was reduced for the later period.</description>
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      <link>https://www.taxtmi.com/caselaws?id=415848</link>
      <description>An arbitral award was upheld where the final compensation exceeded an interim computation in the claim, because the statement of claim had reserved later details and the award was still within the pleaded dispute. The arbitrator also acted within the scope of reference by assessing continuing loss from diverted traffic and related additional expenditure. The award was not treated as rewriting the contract merely because compensation was granted at a higher rate than the original contractual rate, since that rate reflected the changed factual burden on the contractor. However, compensation at the enhanced rate could not continue after January 2008, when the diversion of additional traffic ceased, so the award was reduced for the later period.</description>
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