Ex - Parte Arbitral Award : HC Lays Down the Scope of Interference

Ex Parte Arbitral Award : HC Lays Down Scope of Interference

Sec. 16 (2) of Arbitration and Conciliation Act, 1996 says that a plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defence; however, a party shall not be precluded from raising such a plea merely because that he has appointed, or participated in the appointment of, an arbitrator. Sec. 21 of Arbitration and Conciliation Act, 1996 is very important ; it says that unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent.

The scope of interference by High Court in an ex parte arbitral award can be seen from Ventura Exim v V.S. Matrix Pvt Ltd [2016] GCtR 4219 (Delhi).

Written by 

Vishal

Delhi

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