Any decision of Arbitral Tribunal can't be questioned by Way to Writ Petition - Synopsis
Dilpreet Singh 11 May 2020

In a judgment delivered by the Gujarat High Court again considered whether or not certiorari writ could challenge any order passed during the pending arbitration proceedings under Articles 226 and 227 of the Constitution of India.

Considering the policy, objects and the provisions of the Arbitration Act of 1996, an order passed during arbitration proceedings by the Arbitral Tribunal cannot be challenged under Articles 226 and 227 as the 1996 Act is a special act and a self-contained code dealing with arbitration”, the Court expanded.

Justice Bhargav D. Karia of the Gujrat High Court relied on the 2005 judgment of the Supreme Court in SBP & Co. v. Patel Engineering, in which the 7-judge bench disapproved of the view that any order passed by the Arbitral Tribunal could be reversed by the High Court and had categorically held that such interference was inadmissible. Reference has also been made to the 2019 judgment in Deep Industries v. ONGC, where the Apex Court ruled that the intent of the Act is to reduce judicial interference and that this essential objective should be held at the forefront when it comes to the disposal of a 227 petition against proceedings decided and that the law's policy is to dispose of arbitration cases quickly.

The Gujarat High Court has taken stock of the clauses of the Arbitration Act, including, inter alia, Section 16 on the power of an arbitral tribunal to decide on its jurisdiction, Section 34 on the petition to set apart an arbitral award and Section 37 on ‘Appealable order’. “The above provisions of the 1996 Act provide for full trials as an alternative to regular trials for the adjudication of disputes before the Civil Court under the provisions of the Code of Civil Procedure,” the bench stated.

"It would be open for both the sides to raise their contention on merit before the appropriate forum at the appropriate time in accordance with the law", The court held while rejecting the petition.


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