Writ petitions not ordinarily maintainable against non-interim arbitral orders

Shrivastava, Anujay and Shrivastava, Abhijeet (2022) Writ petitions not ordinarily maintainable against non-interim arbitral orders. IndiaCorp Law.

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Abstract

Recently, a single judge of the Delhi High Court issued an order in Easy Trip Planners Ltd. v. One97 Communications Ltd. (25 July 2022), where it precluded a party from challenging an ‘order’ of an arbitral tribunal. The party had sought recourse to the constitutional remedy of approaching High Courts (“HC”) under their writ jurisdiction provided under Article 226 and Article 227 of the Indian Constitution. The HC’s refusal to maintain this challenge concerns situations where an arbitral order is not appealable pursuant to section 37 of the Arbitration and Conciliation Act, 1996 (the“Act”) as it is not an ‘interim order’ as per relevant provisions of the Act. Thereafter, the HC also clarified that the bar on the maintainability of writ petitions under the foregoing constitutional provisions equally applies to cases where recourse to section 34 of the Act is denied to a party, thereby precluding challenges to such an order by the arbitral tribunal. In this post, we shall dissect and analyse this HC order.

Item Type: Article in News Papers and Magazine
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 22 Aug 2022 09:53
Last Modified: 22 Aug 2022 09:53
Official URL: https://indiacorplaw.in/2022/08/writ-petitions-not...
URI: https://pure.jgu.edu.in/id/eprint/4284

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