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arbitration tribunal =court?

EMPLOYED AS LAW OFFICER

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

 
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Advocate

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

 
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Legal Advisor

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.

 
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COMPANY SECRETARY

Good reply by Mr. Siddharth Kulkarni


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Thanks for the information sir.

 
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Advocate

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

 
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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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