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SUNITA AGARWAL, ANIRUDDHA P. MAYEE
Babasaheb Ambedkar Open University – Appellant
Versus
Abhinav Knowledge Services Private Limited – Respondent
JUDGMENT :
Sunita Agarwal, C.J.
1. The instant appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (in short as "the Act' 1996") is directed against the judgement and order dated 01.04.2019 passed by the Judge, Commercial Court, in the proceedings under Section 34 of the Act' 1996 wherein the order dated 03.08.2018 passed by the learned Arbitrator in arbitration proceeding between the parties herein, had been challenged.
2. The order impugned dated 03.08.2018 had been passed by the learned Arbitrator under Section 16 of the Act' 1996 wherein the competence of the Arbitrator to enter into the reference to proceed for arbitration was challenged on the ground that the claim of the respondent-claimant, viz. Abhinav Knowledge Services Private Ltd. was barred by the principles of res judicata as well as under the provisions of Order 2 Rule 2 CPC.
3. The said application Exhibit 7 was rejected by the learned Arbitrator holding that the issues raised in the arbitral proceedings before it were not subject matter of inquiry in the earlier proceedings. The counter claim filed by the respondent-claimant was not considered on merits in the previous proceedings, inasmuch as, it was
The court established that challenges to an arbitrator's jurisdiction under Section 16 can only be raised after a final award, not as an interim appeal.
It cannot be accepted that order under Section 16 of Act would change its nature upon two different contingencies, that is to say, where order rejects plea of no jurisdiction, it becomes an interim a....
The main legal point established in the judgment is the distinction between jurisdictional issues and decisions on the merits of the dispute under the Arbitration and Conciliation Act, 1996.
The period for challenging an arbitral award under Section 34 of the Arbitration and Conciliation Act cannot be extended beyond the prescribed period, as the Act is a self-contained special law and t....
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....
The court affirmed that judicial intervention in arbitral awards is limited to grounds of public policy or patent illegality, emphasizing respect for the Arbitrator's findings.
Venue of arbitration does not equate to its jurisdictional seat; petitions under the Arbitration Act must be filed where arbitration took place, as established in prior Supreme Court rulings.
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.
Setting aside arbitral award – Merely mentioning a wrong heading of provision on the application would not defeat cause of justice – Contents of application are required to be seen and not the provis....
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