An arbitral award which rewrites contract is liable to set aside

Calcom Cement India Ltd. Vs Binod Kumar Bawri & Ors. (Delhi High Court) Delhi High Court held that rewriting of a contract between two parties, especially a commercial contract, is completely impermissible in law. Accordingly, an arbitral award which rewrites the contract is bound to be set aside. Facts- Various agreements were executed among Calcom, Dalmia, the Bawris and SSPL. Once the cobwebs are brushed away and the air is cleared, the controversy is essentially found to relate to Clause 9.1 of the Share Holder Agreement (SHA) dated 16th January 2012 and Clause 3.20 of the Amendment to...