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Interim order u/s 17 of arbitration & conciliation act be challenged
01-Apr-2023 (In Arbitration Law)
kindly advice, is there any scope for challenging or going in appeal if such interim order is passed under sec 17 of arbitration & conciliation act 2015 by the arbitration tribunal ?? procedure to restrict the claimant bank from possessing custody of movable assests in case order has been passed under sec 17 of arbitration & conciliation act 1996 ?? i am in view that arbitrator has been biased and order has been passed in favour of claimant bank although i have been paying my emi regularly or maintaining bal for clearance of ecs but the claimant bank never deposited ecs due to technical reasons ?? appreciate reply....
The award of Arbitrator is final and no appeal lies against the award. However, if their is any objections against the award then they can be file appeal u/s 34 of Arbitration and Conciliation Act, 1986 but they are on limited grounds i.e. if the award is against public policy or Arbitrator have passed beyond the scope of agreement between the parties or without having jurisdiction are the grounds on same award can be set a side.
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Adv. Priti R. Mahajan
Mumbai | 25+ Answers
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Yes there is a procedure to file an appeal against the arbitrators order passed under S.17 by filing an appeal to high court under S.37 of Arbitration act. The reliefs will have to be claimed in the said appeal in order to have the arbitrators order set aside .
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Adv. Rakesh Reddy
Mumbai | 25+ Answers
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