The arbitral tribunal is the ultimate master of the quantity and quality of evidence and that a possible view of the arbitral tribunal, must necessarily pass muster in a challenge raised under Section 34 of the Arbitration Act – Kavis Fashions Pvt. Ltd. Vs. Dimple Enterprises and others – Bombay High Court
June 12, 2023
The Supreme Court’s judgement in the case of Associate Builders Vs. DDA (2017) ibclaw.in 273 SC, which indicates that the arbitral tribunal is the ultimate master of the quantity and quality of evidence and that a possible view of the arbitral tribunal, must necessarily pass muster in a challenge raised under Section 34 of the Arbitration Act. This Court is not sitting in appeal over the findings rendered by the arbitral tribunal. This Court is of the opinion that the tribunal discussed each and every aspect of the matter, including the oral and documentary evidence on record, on the question of readiness and willingness, while rendering adverse findings against the petitioner. The findings rendered by the tribunal in that regard constitute a possible view in the matter, and therefore, no interference is warranted in the facts and circumstances of the present case.