Team  SoOLEGAL

SC: Arbitral Tribunal Can Make Representation To HC For Contempt If Parties Violate Its Orders [Read Judgment]

Team SoOLEGAL 20 Jul 2017 10:26am

SC: Arbitral Tribunal Can Make Representation To HC For Contempt If Parties Violate Its Orders [Read Judgment]

The Supreme Court, in Alka Chandewar vs Shamshul Ishrar Khan, has held that an arbitral tribunal is empowered to make representation to the court for contempt if the orders, including the interim orders passed by the arbitrator, are violated by the parties before it.

The appeal was against a Bombay High Court judgment which had held that such a representation by the Arbitral Tribunal is not maintainable as section 27(5) of the Arbitration and Conciliation Act, 1996, does not empower the tribunal to make representation to the court for contempt if the orders including the interim orders passed by the arbitrator, except in respect of taking evidence, are violated by the party.

Referring to Section 27(5), the bench comprising Justice RF Nariman and Justice Sanjay Kishan Kaul observed that persons failing to attend in accordance with the court process fall under a separate category from “any other default” and the Section is not confined to a person being guilty of contempt only when failing to attend in accordance with such process. The Section specifically states that persons guilty of any contempt of the Arbitral Tribunal during the conduct of the Arbitral proceedings is within its ken, the bench observed.

The court also observed that it is to give teeth to such orders that an express provision is made in Section 27(5) of the Act. “The entire object of providing that a party may approach the Arbitral Tribunal instead of the Court for interim reliefs would be stultified if interim orders passed by such Tribunal are toothless,” it said.

Setting aside the judgment, the court remanded the matter to high court for it to decide it on facts.

Read the Judgment Here

                 

Source: LiveLaw

Tagged: Supreme Court   Alka Chandewar   Shamshul Ishrar Khan   Justice RF Nariman  
Did you find this write up useful? YES 2 NO 0
Send
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.