Arbitration Act, s11 and SLP


The Chief Justice of High Court has refused to appoint an arbitrator u/s 11 of the Arbitration Act,1996. can the order be challenged by filing an Special Leave Petition before the Supreme Court under Art 136 of the Constitution?

 
Reply   
 

yes it can be challneged by way of SLP

 
Reply   
 



Thank you mr Rohit.

But Art. 136 empowers the Supreme Court to grant special leave to appeal against orders of a court or tribunal only. Is the Chief Justice or his delegete under s 11 of the Arbitration Act, a court or tribunal ?

 
Reply   
 

SBPand Co. vPatel Engineering Ltd. 2005 (8) SCC 618 check out this held that Sec 11 power is judicial in nature !

 
Reply   
 

 Thank you mr rohit I will check this.

But, what about constitution bench decision in Konkan Railway case decided on 30/01/2002, according to which the Chief Justice or his designete u/s 11 (6) acts in administrative capacity ! Is it  overrulled by the decision cited by you  !

 
Reply   
 

The decision quoted by Rohit is of larger bench which over ruled that the decision making is a judicial order.  As stated against any judicial order of the High Court an SLP will lie if there is a substative question of law

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu