12 April 2021 | Steel Authority of India Limited v M/s Mohan Steel Limited | FAO (OS) 14 of 2021| Vipin Sanghi & Rekha Palli JJ | 2021 SCC OnLine Del 2633

SAIL did not plead a point before the arbitral tribunal. So, it did not form the basis of the award. The issue was brought before the set-aside Court for the first time but not addressed by it. The award was, however, set aside. In appeal, SAIL complained that the set-aside Court did not consider its argument.

The Court ruled that it was for SAIL to raise its defences before the arbitral tribunal. None could have been added at the set-aside stage, and the Court was not obliged to deal with the point. The set-aside Court does not sit in appeal over the award; even in an ordinary appeal, the Court may not permit fresh pleas.

TRead the judgment here.