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NIRZAR S. DESAI
Starlog Enterprises Limited – Appellant
Versus
Board Of Trustees Of Kandla Port – Respondent
ORDER :
1. By way of this petition, the petitioner has prayed for the following reliefs;
A. Quash and set aside the Impugned Rulings passed by the Learned Arbitral Tribunal including:
i) the ruling on 10 February 2024 insofar as the Learned Arbitral Tribunal disallowed a question whereby RI-W2 was asked to produce a document which RI-W2 had referred to in his previous answers at Annexure-F
ii) the ruling on 26 February 2024 insofar as the Learned Arbitral Tribunal disallowed a question on the ground that the document was not produced by RI-W2 iii) the ruling on 26 February 2024 insofar as the Learned Arbitral Tribunal disallowed a question for being of an omnibus nature
iii) the ruling on 26 February 2024 insofar as the Learned Arbitral Tribunal disallowed a question holding it to be not relevant:
and
B. Pass an appropriate order directing the Learned Arbitral Tribunal to recall RI-W2 so that the wrongly disallowed questions may
Once arbitration has commenced in the arbitral tribunal, parties have to wait until the award is pronounced unless, of course, a right of appeal is available to them under Section 37 of the Act even ....
Interference in arbitration proceedings at any stage is impermissible due to the self-sufficiency of the Arbitration and Conciliation Act. Parties should avail the statutory remedy provided by the Ac....
The Arbitral Tribunal has the power to rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration agreement, and for that purpose, a....
Section 12 sets out grounds of challenge to person appointed as arbitrator and duty of an arbitrator appointed, to disclose any disqualification he may have.
Section 34 of the 1996 Act permits a challenge “against an arbitral award ... only by an application for setting aside such award”. “Arbitral award” is defined, in clause (c) of Section 2(1), as “inc....
The Arbitrator has jurisdiction to consider recall of a termination order if sufficient cause is shown for non-filing of claims, reinforcing judicial support for arbitral processes. The defaulting pa....
Judicial intervention in arbitration is restricted; parties can only challenge interim orders in specific circumstances post-award under the Arbitration Act.
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