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    <title>2020 (12) TMI 1372 - Supreme Court</title>
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    <description>An arbitral award cannot be set aside on judicial review merely because another view of the evidence is possible, where the tribunal has taken a possible view on contract construction and the material before it. The Supreme Court held that the Division Bench erred by isolating selected emails instead of reading the correspondence as a whole, and that it could not reappreciate evidence or substitute its own factual inference for that of the tribunal. Contemporaneous correspondence and oral evidence were capable of supporting findings on breach, availability of coal, damages, and limitation, so the conclusion of no evidence was unsustainable and the majority award was restored.</description>
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      <link>https://www.taxtmi.com/caselaws?id=306763</link>
      <description>An arbitral award cannot be set aside on judicial review merely because another view of the evidence is possible, where the tribunal has taken a possible view on contract construction and the material before it. The Supreme Court held that the Division Bench erred by isolating selected emails instead of reading the correspondence as a whole, and that it could not reappreciate evidence or substitute its own factual inference for that of the tribunal. Contemporaneous correspondence and oral evidence were capable of supporting findings on breach, availability of coal, damages, and limitation, so the conclusion of no evidence was unsustainable and the majority award was restored.</description>
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