judicial interference in Arbitration Archives

Article 227 challenge to Section 16 application

Article 227 cannot be invoked to challenge Arbitral Tribunal’s rejection of Section 16 application; Remedy lies under Section 34 after final award: Supreme Court

Reiterating the legislative policy of minimal judicial interference in arbitral proceedings, the Court observed that interference under Article 227 is warranted only in rare cases involving a patent lack of inherent jurisdiction that is apparent on the face of the record

Judicial interference in arbitration agreement

Case Briefs Supreme Court

SC stresses on judicial restraint in arbitration matters; sets aside HC’s order granting opportunity for cross-examination despite Arbitral Tribunal’s rejection

The Court examined the question that whether the High Court correctly exercised its supervisory jurisdiction under Article 227 in granting the respondent one more opportunity to cross-examine the appellant’s witness, despite the Arbitral Tribunal rejected such a prayer.