Part I of the ACA, 1996 applies to statutory arbitrations under Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 except if there is any inconsistency between the two; power to order interim measures not inconsistent, hence powers under Section 17, ACA also available to the statutory Tribunal.

     Updates by Editor

State of Gujarat and another v. Amber Builders; Civil Appeal No. 8307 of 2019 Supreme Court of India; 2-judge bench, Deepak Gupta and Aniruddha Bose, JJ.; decided on 08 January 2020 Preface Section 2(4) of the Arbitration and Conciliation Act, 1996 (“ACA”) makes Part I of the ACA applicable to

Continue reading
Categories: Applicability of part I of Act |  Applicability of part I to arbitration  |  Interim measures |  Interim measures ordered by arbitral tribunal |  Part I |  Statutory arbitrations  

High Courts can exercise jurisdiction under Article 227 in certain arbitral matters, but with extreme circumspection, considering the statutory policy of the ACA, so that interference is restricted to orders that are passed which are patently lacking in inherent jurisdiction (Supreme Court)

     Updates by Editor

Deep Industries Limited v. Oil and Natural Gas Corporation and another, 2019 SCC OnLine SC 1602 Supreme Court, 3-judge bench, Rohinton Fali Nariman, Aniruddha Bose and V. Ramasubramanian, JJ; decided on 28 November 2019 Article 227 of the Constitution of India gives the High Court the power of superintendence over

Continue reading
Categories: Appealable orders |  Article 226 |  Article 227 |  Competence of arbitral tribunal to rule on its own jurisdiction |  Interim measures ordered by arbitral tribunal |  Judicial review in arbitration |  Power of superintendence over all courts by the High Court |  Self-contained code |  Special act v. general act |  Speedy disposal |  Time limit