https://www.taxtmi.com/caselaws?id=309253 A belated challenge to the arbitrator's subject-matter jurisdiction was rejected because the objection had not been raised before the tribunal under Section 16 or in the original Section 34 petition, and the later TRAI regime did not retrospectively oust arbitration already commenced. The award was, however, set aside on merits because the no-objection letter was construed on an erroneous and incomplete reading of the correspondence, the tribunal overlooked material evidence, and its findings on novation, licence fee, and interest could not stand. The court held that an award based on legally unsustainable contract construction and ignored evidence is vulnerable to challenge as contrary to public policy. en-us Fri, 14 Sep 2012 00:00:00 +0530 Mon, 21 Aug 2023 13:03:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=309253 A belated challenge to the arbitrator's subject-matter jurisdiction was rejected because the objection had not been raised before the tribunal under Section 16 or in the original Section 34 petition, and the later TRAI regime did not retrospectively oust arbitration already commenced. The award was, however, set aside on merits because the no-objection letter was construed on an erroneous and incomplete reading of the correspondence, the tribunal overlooked material evidence, and its findings on novation, licence fee, and interest could not stand. The court held that an award based on legally unsustainable contract construction and ignored evidence is vulnerable to challenge as contrary to public policy. Case-Laws Indian Laws Fri, 14 Sep 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=309253