National Building Construction Corporation v. Sharma Enterprises
Court – Delhi High Court
Citation – O.M.P. (COMM) 215/2022
Date – 19.11.2025
The Hon’ble Delhi High Court has held that the Arbitral Tribunal is the master of facts and evidence and the Court in appeal cannot re-appreciate factual or evidenciary findings recorded in an arbitral award.
The Court held,
“51. It is a settled proposition of law that while exercising jurisdiction under Section 34 of 1996 Act, this Court does not sit as a Court of appeal over the findings of the learned Arbitrator. The scope of interference is limited to the grounds specifically enumerated under the said provision. The Court is not expected to re-appreciate the evidence, reassess the factual matrix, or embark upon a mini-trial as if it were hearing an appeal on facts.
52. It has been repeatedly held that the Arbitrator is the master of the quantity and quality of evidence, and the conclusions arrived at by the learned Arbitrator on appreciation of material before him cannot be substituted merely because another view is possible.
53. Accordingly, I am of the view that the learned Arbitrator’s finding that the termination of the contract was invalid is valid, well-reasoned, and calls for no interference under Section 34 of 1996 Act.”
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