Kochhar & Co. has secured a favorable judgment for HCL Technologies Ltd. in a challenge to the Arbitral Award under Section 34 of the Arbitration and Conciliation Act, 1996, before the District Judge, Patiala House Courts, New Delhi. The court set aside the Arbitral Award, holding it to be patently illegal, perverse, and contrary to public policy.
The judgment observes that the Arbitrator had clearly issued a perverse finding and failed to apply the fundamental principles of adjudication and decision-making. It is also observed that the Arbitral Award lacked proper consideration of the evidence and material presented. Additionally, the Court categorically noted that while the Arbitrator was not required to provide an elaborate or extensive explanation of the claim, providing some rational for arriving at a finding was an indispensable requirement.
HCL was represented by Ms. Kavita Sarin, Partner, and Mr. Rajat Gava, Principal Associate, both members of Kochhar & Co.’s dispute resolution team.
