Thursday, March 26, 2026

Arbitration and Inherent Jurisdiction

_*Arbitration Act, 1940 - Inherent Jurisdiction - Appointment of Arbitrator* - "All that Section 143A(3) of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. prescribes is that the State Government can issue policy directions with respect to the manner and procedure by which the power is to be exercised. Under no circumstances can such a power be extended to appoint an arbitrator unilaterally, notwithstanding the statutory or contractual relationship that may exist between the Municipal Council and its agent" - "Since the Arbitrator lacked inherent jurisdiction due to the absence of an arbitration agreement, the entire proceedings under Arbitration Act, 1940 were a nullity (coram non judice) and the resulting award was non-est." - *Bharat Udyog Ltd v. Ambernath Municipal Council [2026] GCtR 259 (SC)*_

No comments:

Post a Comment

Criminal Law : FSL Reports and Its Role in Criminal Cases Involving Murder

Criminal Law : FSL Reports and Its Role in Criminal Cases Involving Murder In a recent case, role of FSL report was brought forth. The case ...