Back
ALI MOHAMMAD MAGREY, MOHD. AKRAM CHOWDHARY
Altaf Hussain Beg – Appellant
Versus
Shakeel-ur-Rehman Bhat – Respondent
ORDER :
(Ali Mohammad Magrey, J.) :
1. This Writ Petition, purportedly, has its genesis in the Order dated 17th of September, 2021 passed by this Court in Arbitration Petition bearing No. 04/2021 filed by the Respondent No.1 herein under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short ‘the Act of 1996’) seeking appointment of an Arbitrator to resolve the disputes arising between the parties in connection with the Parent Partnership Deed dated 2nd of February, 2010 which contained an Arbitration Clause and the subsequent Partnership Deed dated 7th of June, 2014 providing therein that the disputes between the parties would be governed by the terms and conditions of the Parent Partnership Deed. The Court, in terms of the aforesaid Order, with the consent of the parties, appointed Hon’ble Mr Justice (Retd.) M. K. Hanjura, House No. 307, Lane No.4, Anand Vihar, Bohri, Talab Tillu, Jammu as the sole Arbitrator to make the award in accordance with the provisions of the Act. Pursuant to the aforesaid Order, the parties appeared before the Sole Arbitrator on 9th of October, 2021 and a mechanism/ procedure was devised with regard to the conduct of proceedings after heari
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....
Judicial intervention in arbitration is restricted; parties can only challenge interim orders in specific circumstances post-award under the Arbitration Act.
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....
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.
Sub-section (3) of Section 9 provides for restriction of exercise of powers by the Court and it has to decide whether the remedy provided under section 17 is efficacious or not.
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 established that challenges to an arbitrator's jurisdiction under Section 16 can only be raised after a final award, not as an interim appeal.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
