Scope Of Interference Under Section 37 Of The Arbitration Act: Analysing C & C Constructions Ltd. v. IRCON International Ltd.

I. Introduction

The Hon'ble Supreme Court in C & C Constructions Ltd. v. IRCON International Ltd.¹ The issue was that ground challenging an arbitral award had not been raised for the first time before the High Court Division Bench under Section 37 of the Arbitration and Conciliation Act ("Act").

The crux of the dispute between the parties was whether Clause 49.5 of the General Conditions of Contract ("GCC") of their Contract, which prohibited the contractor from claiming damages or compensation for delays attributable to the employer, was enforceable, and whether the Appellant (C & C Constructions Ltd.) could claim damages despite agreeing to extensions of time without penalties.