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Supreme Court of India 2019-05-08 allowed

Ssangyong Engineering & Construction Co. Ltd vs National Highways Authority of India (NHAI)

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

A South Korean construction company challenged an arbitral award made against it by the National Highways Authority of India in a highway construction dispute. The company alleged the tribunal exceeded its jurisdiction by effectively creating a new contract through its award. The Supreme Court held that if an allegation of misinterpretation of contractual terms fairly falls within the scope of disputes covered by the arbitration agreement, the tribunal's decision does not exceed its authority, even if the interpretation is disputed. The appeal was allowed.

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Arbitration Construction Contracts Jurisdictional Authority Contract Interpretation Government Contracts Scope of Arbitration

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