27 December 2021, Monday

1 year ago

An arbitrator cannot make an interim award on disputed ‘admission’: Delhi High Court

03 December 2021 | Vijay Shukla and others v. Career Launcher Infrastructure (P) Ltd. & connected matters | Arb. A. (Comm.) 51 of 2021 & connected matters | Suresh Kumar Kait J | Delhi High Court | 2021 SCC OnLine Del 5176

The Delhi High Court has set aside an interim award made by an arbitral tribunal noting that while the power of the arbitral tribunal to pass interim awards based on admissions by a party is undisputed; the admission must be “specific” and “categorical”.

In this case, not only was the ‘admission’ disputed, but the tribunal has also considered the document ‘piecemeal’.

In addition, the court also ruled that the tribunal's directions to make certain payments jointly and severally could not have been passed without first fixing the specific liability.

Read the decision here.


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