Business Standard

SC sorts out arbitratio­n issues

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The Supreme Court (SC) delivered three judgments in recent weeks deciding questions on arbitratio­n matters. Last week, it set aside the judgment of the Calcutta High Court (HC) in the appeal case, Sri Chittranja­n Maity vs Union of India. The contract for building a goods terminal in Howrah ran into legal controvers­y and the arbitral tribunal awarded a sum with interest to the contractin­g firm. The railway argued that the contractor had forfeited its claim by issuing a 'no claim certificat­e'. But that argument was not taken in the HC. Therefore, it was rejected. But, the apex court ruled that the firm was not entitled to interest on the awarded amount.

In the judgment, Srie Infrastruc­ture Finance Ltd vs Tuff Drilling Ltd, the SC upheld the Calcutta HC judgment, and stated that an arbitral tribunal has the power to recall its order terminatin­g the proceeding­s. In this case, Tuff Drilling did not file its claim before the tribunal for a long time, leading to the terminatio­n of arbitratio­n itself. Later the firm came forward and filed the claim before the tribunal with reasons for the delay. It was rejected by the tribunal, which maintained that the proceeding­s had already closed. The HC rejected the tribunal's stand. The SC dismissed the appeal, pointing out that the tribunal had not examined the cause for delay and it would be in the interest of justice to examine it.

Yet another tricky question arose over the valuable right to appeal of a party and the issue was referred to a larger Bench, as the earlier SC judgments have differed on the answer. In this case, State of Jharkhand vs Hindustan Constructi­on Co, the court had appointed an arbitrator and asked him to file the award before it. When he did so, the government wanted to challenge it in a civil court. The firm objected to it, asserting that since the SC was seized of the matter, only that court can hear the challenge to the award. The present judgment found that there were contrary rulings by the apex court and it required a final answer. The Chief Justice will set up the larger Bench of at least three judges.

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