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PARVATHESAM (EMPLOYED AS LAW OFFICER)     22 December 2010

Arbitration Tribunal =Court?

is there any citation to the effect that arbtral tribunal is equivalent to court for the purpose of giving directions to the parties before it.

parvathesam



 6 Replies

prabhakar (Advocate)     22 December 2010

Tribunals which are constituted under  particular enactments can not be treated as Court.  There have been number of cases under Income Tax Act, 1961.

Siddharth Kulkarni (Legal Advisor)     14 January 2011

It has been clearly held by the Apex court in Engineering Mazdoor Sabha Vs. Hind Cycles Ltd. that the arbitral tribunal doesn’t constitute a court in technical sense.  Further as far as giving direction to the parties is concern the power of the Arbitral tribunal is primarily govern by the Arbitration Agreement as entered between the parties. The tribunal may also seek the assistance of the court under Sec. 27 of the Arbitration Act in taking evidence.

LLB.ACS Gourav Khatri (COMPANY SECRETARY)     12 August 2011

Good reply by Mr. Siddharth Kulkarni

1 Like

Deeksha Chugh   06 June 2020

Thanks for the information sir.

Siddharth Srivastava (Advocate)     23 June 2020

Arbitration Tribunal is not a court but has every power as described under Arbitration Act. 

Nida Khatri   21 September 2020

no, arbitration tribunals cannot be treated as courts as the fundamental difference here is that the court proceedings are initiated by one party while in arbitration, both the parties mutually decide not to go for legal proceedings, but appoint an unbiased adjudicator who will pass an award, and this award can also be challenged in court.


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