Whether A Writ Petition Under Article 226 And 227 Is Maintainable For Challenging Orders Of Arbitral Tribunals?

The Hon'ble Bombay High Court in the matter of Hindustan Petroleum Corporation Limited vs. Om Construction and ors. has held that a Petition under Article 226 and 227 of the Constitution of India, 1950 can be entertained only in exceptionally rare circumstances.

In the present case, the Petitioner had challenged (i) an Order dated December 12, 2022, passed by the Hon'ble Bombay High Court appointing an Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, and (ii) an Order dated September 16, 2023, passed by the Ld. Arbitrator, wherein the Ld. Arbitrator rejected the Petitioner's application under Section 16 of the Arbitration and Conciliation Act, 1996 and held that the Ld. Arbitrator had the jurisdiction to decide the matter. The Hon'ble Bombay High Court, relying upon the case of S.B.P. and Co. vs Patel Engineering Ltd., held that: