An Arbitrator’s Construction of Contract

It is thus well settled that construction of the terms of a contract is primarily for an Arbitrator to decide. He is entitled to take the view, which he holds to be the correct one after considering the material before him and after interpreting the provisions of the contract. The Court while considering challenge to an Arbitral Award does not sit in appeal over the findings and decisions unless the Arbitrator construes the contract in such a way that no fair minded or reasonable person could do.”

Hon’ble Justice Uday Umesh Lalit, National Highways Authority of India v. ITD Cementation India Ltd., [Civil Appeal No. 9799 of 2010].

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