Recent Topic

10/recent/ticker-posts

About Me

Delhi High Court on Arbitral Tribunal’s Authority Over Evidence

Delhi High Court on Arbitral Tribunal’s Authority Over Evidence
Background of the Case

In a recent ruling, the Delhi High Court underscored the arbitral tribunal's autonomy in handling evidence during arbitration proceedings. The case centered on whether a court could review the tribunal’s findings under Section 37 of the Arbitration and Conciliation Act. The appellant sought an appeal, challenging the tribunal's conclusions and the evidentiary basis of the decision.

Tribunal’s Discretion in Evaluating Evidence

The court clarified that tribunals have extensive authority to evaluate and interpret evidence in arbitration cases, as they are considered “masters of evidence.” Given this authority, the tribunal’s findings are generally not open to review by a higher court. This approach maintains the integrity of arbitration by restricting judicial intervention, promoting efficient dispute resolution.

Limited Scope of Judicial Review

Under Section 37 of the Arbitration Act, courts have limited grounds to scrutinize arbitral awards, largely confined to procedural irregularities or violations of natural justice. The High Court reaffirmed that it cannot re-assess or substitute its views on the factual determinations made by the arbitral tribunal, emphasizing that the tribunal’s decision on evidence stands as final.

Implications of the Ruling

This ruling reinforces the tribunal’s authority to act independently in arbitral disputes, marking a significant stance on minimal court intervention in arbitration. The decision further clarifies that appeals under Section 37 should not question the substance of the tribunal’s factual determinations but focus on legal irregularities, thereby upholding the efficiency of the arbitration process.

Court Practice Community

WhatsApp Group Invite

Join WhatsApp Community

Post a Comment

0 Comments

'; (function() { var dsq = document.createElement('script'); dsq.type = 'text/javascript'; dsq.async = true; dsq.src = '//' + disqus_shortname + '.disqus.com/embed.js'; (document.getElementsByTagName('head')[0] || document.getElementsByTagName('body')[0]).appendChild(dsq); })();