The Amplification Of Arbitral Tribunal Powers Under Arbitration And Conciliation Act, 1996

Background

The Arbitral Tribunal hereinafter referred to as 'tribunal' now has power to make representation to principal civil court of original jurisdiction and high court of its ordinary jurisdiction for contravention or default of any of its order, any contempt and refusal to give evidence to the tribunal, though the same was provided in Section 27(5) of the Arbitration and Conciliation Act, 1996 hereinafter referred to as "Act" but was interpreted differently, the honorable Supreme Court in Alka Chandewar Vs. Shamshul Ishrar Khan on July 6, 2017 thereby affirmed the power of tribunal under the Act.

Analysis

The Bombay High Court in the case of Alka Chandewar v. Shamshul Ishrar Khan²⁴ ruled that "Section 27(5) of "Act" does not empower the Tribunal to make representation to the Court for contempt if the orders including the interim orders passed by the Arbitrator except in respect of taking evidence are violated by the party".²⁵