Case Note & Summary
The petitioner, Sahyadri Earthmovers, filed an Arbitration Petition under Section 9 read with Section 19 of the Arbitration and Conciliation Act, 1996, challenging a communication dated 17.08.2010 from the sole arbitrator (Respondent No.2) regarding the procedure to be followed in the arbitration proceedings. The petitioner sought directions to the arbitrator to formulate a legal procedure, record evidence under the Indian Evidence Act, and ensure compliance with public policy. The court, after hearing both parties, held that the petition was not maintainable. The court observed that Section 9 or Section 19 of the Act does not permit a party to challenge an order passed by the arbitrator pending proceedings, as such an order is neither a final award nor an interim award. The court emphasized Section 5 of the Act, which bars judicial intervention except where expressly provided. The court noted that the arbitrator is the master of his own procedure under Section 19, and no prescribed rules or guidelines exist for the arbitrator to follow. The petition was dismissed with no order as to costs.
Headnote
A) Arbitration Law - Maintainability of Petition - Section 9, Section 19, Section 5 of Arbitration and Conciliation Act, 1996 - Challenge to Arbitrator's Procedural Order - The petitioner sought to challenge a communication dated 17.08.2010 from the sole arbitrator regarding procedure. The court held that Section 9 or Section 19 does not permit a party to challenge an order passed by the arbitrator pending proceedings, as it is neither a final award nor an interim award. Section 5 bars judicial intervention except as provided. The petition was dismissed as not maintainable. (Paras 3-5)
Issue of Consideration
Whether a petition under Section 9 read with Section 19 of the Arbitration and Conciliation Act, 1996 is maintainable to challenge a procedural communication from the arbitrator regarding the conduct of arbitration proceedings.
Final Decision
The petition is dismissed as not maintainable. No order as to costs.
Law Points
- Section 5 of the Arbitration and Conciliation Act
- 1996 bars judicial intervention except as provided
- Section 9 and Section 19 do not permit challenge to procedural orders of arbitrator
- Arbitrator is master of own procedure under Section 19
