Lawstreet Journal

Writ Petition Challenging Validity of Madras High Court Arbitration Rules, 2020 to be heard in Madras High Court on July 2nd, 2021. [READ PETITION]

Lawstreet Journal 4 May 2021 8:37pm

Image courtesy: Lawstreet Journal Judiciary Writ Petition Challenging Validity of Madras High Court Arbitration Rules, 2020 to be heard in Madras High Court on July 2nd, 2021. [READ PETITION]

A writ petition was admitted by the Madras High Court on April 30th, 2021 challenging the Madras High Court Arbitration Rules, 2020 on grounds of it being ultra vires of the Arbitration and Conciliation Act, 1996 and the Commercial Courts Act, 2015. The writ petition has been filed by Sivesh Varshan.

The Arbitrations Rules, 2015 have been challenged on the grounds of being violative of Section 10 referred with Section 15 of the Commercial Courts Act, which deals with the commercial disputes as to the subject matters of arbitration, states that all such matter shall be heard and disposed of by the Commercial Division, constituted in the High Courts, and for that end, all the proceedings pertaining to Arbitration and Conciliation Act to the said courts and provides for the pending cases to be decided in accordance with procedure enshrined under Commercial Courts Act. Despite the rule, all the Principal District Courts in Tamil Nadu have been designated as Commercial Courts, treating petition under Arbitration and Conciliation Act as any other petition.

Additionally, the petition throws light on the provision of Arbitration and Conciliation Act. Section 29, clause 5 of the Arbitration and Conciliation Act can be invoked to seek obedience of order of Tribunals, under the Contempt of Courts Act. However, the impugned Rules do not contain any procedure to be followed in such cases.

The petition also mentioned the lack of provision for delegation of powers of any appropriate government under Rule 6 of Order XI of the Commercial Courts Act, which deals… Continue Reading...


Tagged: Law of Arbitration   Madras High Court  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0
Featured Members view all

New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.