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11-Jun-2023 (In Arbitration Law)
In the light of new amendments in arbitration act, in case an application under Section 9 is already pending before the constitution of the arbitral tribunal in court, will the petition be transferred to the tribunal upon its constitution. If yes, why so. What if we don't want to transfer the petition to the arbitrator? Any judgments to that effect?
No the application under section 9 of the Arbitration and Conciliation Act pending before the Court will not be transferred automatically to the Arbitral tribunal.
There is no such provision in the new amended act.
There is no such provision in the new amended act.
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Adv. Shikhar Garg
Delhi | 100+ Answers
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Not in every circumstance, it is only.if the court feels that the issue raised within sec 9 application can be dealt under sec 17.
Usually, if the application is admitted before the constitution of the tribunal and the court sees merit, then it would not be transferred but adjudicated upon. It is during the midst of pendency and upon he stage of the sec 9 application and of requested by the other party that the tribunal is competent to decide on such issues, then the case is dealt on merits.
Usually, if the application is admitted before the constitution of the tribunal and the court sees merit, then it would not be transferred but adjudicated upon. It is during the midst of pendency and upon he stage of the sec 9 application and of requested by the other party that the tribunal is competent to decide on such issues, then the case is dealt on merits.
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The section 9 petition is not transferred to the tribunal. When the tribunal has been constituted, the section 9 petition is disposed of. Depending upon the facts and circumstances of each case, the petition can be disposed of with some interim orders/ protection till the tribunal takes up the matter.
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Adv. Ekta Mehta
Delhi | 25+ Answers
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