Practice area

Arbitration petitions and appeals

Appointment of arbitrators under Section 11 and appeals under Section 37 of the Arbitration and Conciliation Act, 1996.

The High Court has a supervisory role in arbitration. It appoints arbitrators where the parties cannot agree, and hears appeals against specified orders passed by courts in arbitration-related proceedings.

What this work involves

• Appointment of arbitrators under Section 11 of the Arbitration and Conciliation Act, 1996 in domestic arbitrations, including existence of an arbitration agreement and limitation at the threshold
• Appeals under Section 37 against orders granting or refusing interim measures, and orders setting aside or refusing to set aside awards
• Challenges to awards under Section 34, where the High Court is the forum
• Enforcement of awards and related execution issues
• Petitions concerning termination of an arbitrator's mandate
• Disputes over seat, venue and jurisdiction

Approach

Court intervention in arbitration is deliberately limited. Petitions are framed within the narrow grounds the Act allows, and the arbitration record is reviewed in full before any challenge is filed.

Frequently asked questions

What is the time limit for challenging an arbitral award?

An application under Section 34 must be made within three months of receiving the award, extendable by a further period of up to thirty days if sufficient cause is shown.

Can the High Court re-examine the merits of an award?

Only within the limited grounds in the Act. The court does not generally act as an appellate court on the facts.

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