04 April 2022, Monday

2 years ago

Procedural orders of tribunal are not orders under Section 17 and hence not appealable under Section 37 ACA: Delhi High Court

16 February 2022 | Randhawa Construction Private Limited v. HCBS Promoters and Developers Private Limited | Arb. A (Comm.) 10 of 2022 | Vibhu Bakhru | 2022 SCC OnLine Del 554

The Delhi High Court has ruled that an arbitral tribunal’ order rejecting an application for document disclosure is not appealable under Section 37 (2) (b) ACA (under which a tribunal’s order under Section 17 ACA can be challenged). The court considered it “doubtful” whether procedural orders of a tribunal are orders for interim measures under Section 17 ACA. It also stated that Section 5 ACA limits judicial intervention and no provision of the ACA permitted recourse to courts in respect of procedural orders.

The appeal was also made on another direction of interim measure made by the tribunal.

The procedural order in question

Read the judgment here.

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