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IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.RAVI
God's Own Country Health Resorts International Pvt. Ltd. – Appellant
Versus
Marriot Hotels India Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. failure to initiate arbitral proceedings halts progress. (Para 2 , 2 , 3) |
| 2. arbitral proceedings require timely initiation post-interim order. (Para 4 , 5) |
| 3. understandings on section 9 and conduct of proceedings. (Para 7) |
| 4. extensions of time in relation to section 9 are permitted. (Para 8) |
JUDGMENT :
1. The original petition has been filed with the following prayer:
“Call for the records of CMA (Arbitration) 13/2023 before the Commercial Court-2, Thiruvananthapuram (Court of the 1st Additional Subordinate Judge, Thiruvananthapuram) and set aside the entire proceedings.”
2. The question involved is whether the failure to commence arbitral proceedings within 90 days after the first order was passed in a petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 ( 'the Act' for short) will result in termination of the entire proceedings. The short facts required as follows.
4. Reliance is placed on the judgment of a Division Bench of the Madras High Court in Archer Power Systems Private Limited Vs. Kohli Ventures Limited Company, 2017 SCC OnLine Mad 36458 and that of a Division Bench decision of this Court in M/s. Manosh Elias Constructions Pvt. Ltd.
Under Section 9 of the Arbitration Act, failure to commence arbitral proceedings within 90 days of an interim order may terminate proceedings unless extensions are granted due to ongoing enforcement ....
Automatic vacation of ad-interim injunction – Where an interim order has been granted on application made under Section 9 of Arbitration and Conciliation Act, 1996 but no arbitral proceedings are ini....
Once an Arbitral Tribunal is constituted, Section 9 of the Arbitration Act prohibits further applications for interim relief unless the party shows that the remedy under Section 17 is ineffective.
Under Section 9(2) of the Arbitration and Conciliation Act, failure to initiate arbitration proceedings within the statutory period can lead to the vacating of interim orders issued by the court.
The court affirmed that interim orders under Section 9 of the Arbitration and Conciliation Act, 1996 automatically vacate if arbitration is not initiated within the stipulated time frame.
The purpose of Section 29A of the Arbitration and Conciliation Act, 1996 is to ensure expeditious disposal of arbitration proceedings and discourage unnecessary adjournments.
The scope for judicial intervention in arbitral awards is strictly limited to clear violations of public policy or patent illegality; mere procedural errors or delays do not warrant the award's setti....
Point of law: When a suit or proceeding is not thrown out in limine but the Court receives it for consideration and disposal according to law, it must be regarded as entertaining the suit or proceedi....
Failure to comply with statutory obligations under the Arbitration and Conciliation Act, 1996 results in the expiration of interim orders, necessitating the appointment of an Arbitrator for dispute r....
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