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Delhi High Court: Objections to Capacity of Party to Initiate Arbitration Addressed in Proceedings Before Arbitral Tribunal, Not at Stage of Appointment of Arbitrator

 

Delhi High Court: Objections to Capacity of Party to Initiate Arbitration Addressed in Proceedings Before Arbitral Tribunal, Not at Stage of Appointment of Arbitrator

In a significant ruling, the Delhi High Court addressed the issue of whether objections regarding the capacity of a party to initiate arbitration can be raised at the stage of the appointment of an arbitrator. The court clarified that such objections should not be entertained at the appointment stage but must instead be raised during the proceedings before the arbitral tribunal once it is constituted. This decision highlights the importance of ensuring that procedural matters related to arbitration follow a clear and structured path as laid out in the Arbitration and Conciliation Act, 1996.

Factual Background:

The case arose from a dispute concerning an arbitration agreement between the parties. One of the parties challenged the capacity of the other party to initiate the arbitration proceedings, claiming that it was not authorized under the relevant contractual arrangements. The objecting party sought to raise this challenge before the court at the stage of arbitrator appointment, asserting that the dispute over capacity should be decided before the initiation of the arbitration process.

Court’s Ruling:

The Delhi High Court, in its judgment, held that objections to the capacity of a party to initiate arbitration could not be raised before the court at the time of appointing the arbitrator. The court emphasized that such objections could be addressed by the arbitral tribunal during the course of arbitration proceedings once the tribunal is constituted. According to the court, the role of the court at the stage of appointing the arbitrator is limited to ensuring that the process of appointment is carried out in accordance with the relevant provisions of the Arbitration and Conciliation Act.

The court further noted that the appointment of an arbitrator is an administrative step, and the substantive issues concerning the dispute, including the capacity of a party, should be adjudicated by the tribunal. The High Court referred to previous rulings that reinforced the principle that issues related to the competence of a party to initiate arbitration should be resolved by the arbitral tribunal and not by the courts at the threshold stage.

Legal Precedents:

The Delhi High Court relied on several precedents which established that challenges regarding the existence of an arbitration agreement, the capacity of a party, or other preliminary objections should be raised before the tribunal rather than the court. The court reaffirmed that under the Arbitration Act, the arbitral tribunal is the appropriate forum to deal with such issues during the conduct of the arbitration proceedings.

Conclusion:

This ruling underscores the principle of party autonomy in arbitration and reinforces the role of the arbitral tribunal in determining the scope and validity of arbitration agreements. It also clarifies that the court’s involvement at the stage of appointing the arbitrator is procedural and does not extend to deciding on substantive issues like a party’s capacity to arbitrate. The decision provides greater certainty for arbitration proceedings, ensuring that challenges to the capacity of a party are addressed during the arbitration process, not at the preliminary stages.

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