VidhiSangh

Supreme Court of India · 03/08/2017

HYUNDAI CORPORATION & ANR. versus OIL AND NATURAL GAS CORPORAUON LTD.

[2017] 9 S.C.R. 490 · 2017 INSC 702

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

An umpire’s award was set aside because it reopened a change-of-law issue already agreed by both arbitrators instead of deciding their limited disagreement on the subcontractor-payment exclusion. A replacement umpire was appointed by consent to decide only that contractual interaction. The Court did not itself determine the reimbursement entitlement.

Issues

  1. Whether the umpire could reject the claim on an issue outside the limited reference and already concluded by both arbitrators.

Held

Result

Appeal allowed and High Court judgment and umpire’s award set aside. Justice Aftab Alam appointed by consent to decide whether Clause 13.2.8 interdicted Clause 17.3, requested within three months of receiving papers. By consent, the award was to return directly to the Supreme Court.

Judgment PDF: Supreme Court of India, [2017] 9 S.C.R. 490.