Arbitration and Law : The Crucial Aspect

Arbitration and Law : The Crucial Aspect 

The second facet of Section 9 of Arbitration and Conciliation Act, 1996 is the proximate nexus between the orders that are sought and the arbitral proceedings. When an interim measure of protection is sought before or during arbitral proceedings, such a measure is a step in aid to the fruition of the arbitral proceedings. When sought after an arbitral award is made but before it is enforced, the measure of protection is intended to safeguard the fruit of the proceedings until the eventual enforcement of the award. Here again the measure of protection is a step in aid of enforcement. It is intended to ensure that enforcement of the award results in a realisable claim and that the award is not rendered illusory by dealings that would put the subject of the award beyond the pale of enforcement. 

A party whose claim has been rejected in the course of the arbitral proceedings cannot obviously have an arbitral award enforced in accordance with Section 36.

Where the language of an Act is clear and explicit, effect must be given to it, whatever may be the consequences, for in that case the words of the statute speak the intention of the legislature. 

Ratio of a decision is the law declared in the context of facts of a particular case. 

Refer Singhania Horizons v HRC Engineers Estate Pvt Ltd [2016] GCtR 4301 (Delhi)