Arbitrators cannot apply fundamental rights while granting arbitral awards: Calcutta High Court

Considerations of discrimination and want of State functionaries to act in accordance with Article 14 of the Constitution swayed the arbitrator’s contractual interpretation, the Court said.
Justice Shekhar Saraf, Calcutta HC
Justice Shekhar Saraf, Calcutta HC

The Calcutta High Court, while setting aside an arbitral award, has held that arbitrators cannot apply fundamental rights under the Constitution while granting arbitral awards [Chairman Board Of Trustees For Shyama Prasad Mookherjee Port Kolkata v. Universal Sea Port].

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