arbitration proceeding msedcl vs sms co.ltd
shrikant chede
(Querist) 08 January 2010
This query is : Resolved
respected sir,
one sms co ltd approches hon ble high court under sec 11 of arbitration Act 1986 for seeking direction for appoinment of arbitrator ,but msedcl file pursis before hon ble high court that they will appoint arbitrator as per condition present in tender document ,accordingly msedcl appoint arbitrator, arbitration proceeding commence ,whether the arbitration award passed in above proceeding can we challange ,if yes to which court pls learned member send immidiate reply
S. Bharath
(Expert) 08 January 2010
S. 11 is invoked only in the absence of any procedure for appointment of arbitrator or in the event of omission or refusal by a party to nominate/appoint arbitrator. If there is a procedure and if an arbitrator is nominated, S. 11 cannot be invoked. An award passed by such an arbitrator can be challenged just like any other arbitral award.
Devajyoti Barman
(Expert) 09 January 2010
Though the order passed by the Chief Justice or its designated Justice u/s 11 of the Act is final , the award passed by such arbitrator can be challenged before the court for setting aside the award under strict circumstances as enshrined in sec 34 of the Act.
