Reaffirming Arbitral Autonomy Supreme Court's Analysis Of Judicial Interference In Arbitration Under Articles 226 And 227

The Hon'ble Apex Court in Serosoft Solutions Pvt. Ltd. v. Dester Capital Advisors Pvt. Ltd¹ has upheld the Arbitral Tribunal's autonomy while setting aside a judgment (herein after referred to as 'Impugned Judgment') wherein while exercising its supervisory jurisdiction under Article 227 of the Constitution of India, the High Court had granted the Respondent (Claimant) one more opportunity to cross-examine the Appellant's Witness (Respondent). The Apex Court has further reiterated that the interference of the Courts under the umbrella of Article 226 /227 is permitted only under grave perversity, exceptional rarity and bad faith.

1. Background of the Dispute:

The parties to the dispute had entered into a Client Service Agreement for provision of educational software and related services. Disputes arose between the parties and the dispute resolution clause was invoked, leading to the constitution of the Arbitral Tribunal. The arbitral proceedings were initiated