In a complex claim against National Highways Authority of India (“NHAI”) related to construction, operation and maintenance of a section of National Highway 9, DSL attorneys got a favorable arbitral award for its client wherein the majority panel granted a final award of INR 26.35 crore (~USD 4 million) to be paid within ninety (90) days from the date of receipt of the award.
The Arbitral Tribunal agreed with the arguments of DSL partner Sameep Vijayvergiya that NHAI did not fulfil the conditions precedent required to be fulfilled by them and the obligations of the Claimant being reciprocal in nature could not be performed due to such failure.
The Arbitral Tribunal, based on DSL’s arguments, rejected the counterclaims of NHAI amounting to INR 1,600 crore (~USD230 million).
This award in favor of Claimant is one of the biggest monetary damages awarded against NHAI.
On a side note, the minority awarded a sum of INR 154 crore (~USD22 million) as damages against NHAI.