Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2015 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (2) TMI 485 - DELHI HIGH COURTValidity of a two tiered arbitration agreement - whether a writ petition would be maintainable against an appellate award made under the PMA - Held that:- SAIL has not challenged the PMA and/or the provision of a two tier arbitration procedure in its petition. Secondly, this is contrary to SAIL’s conduct in other proceedings. In another case - [2015 (2) TMI 482 - DELHI HIGH COURT], which also relates to arbitration proceedings under the PMA in respect of disputes with EPIL, SAIL had preferred an appeal against an award made by an arbitrator before the Appellate Authority and has pressed for its right to the appellate remedy provided under the PMA, before this court. A two tier arbitration procedure does not fall foul of the A&C Act. An arbitration agreement providing for an appellate procedure was permissible under the Indian Arbitration Act, 1899 as well as Arbitration Act, 1940. The Single Jugde in previous case set aside the award of the Committee on the ground that the award of the committee did not conform to the scheme of the Indian Arbitration Act, 1899. Principle is equally applicable to the A&C Act and there is no provision in A&C Act that proscribes a two tier arbitration procedure. - However, it is not necessary to delve into this issue any further as it is not determinative of the fate of this petition. As noted earlier, SAIL has not impugned the PMA or the two tier procedure; on the contrary SAIL had voluntarily accepted the same. Thus, the validity of a two tiered arbitration agreement need not be considered in this petition. - Decided against Petitioner.
|