By Dr. K. Shivaram | Senior Advocate
Rahul K. Hakani | Shashi Bekal | Advocates
1 Dr. A. Parthasarathy and Ors. vs. E Springs Avenues Pvt. Ltd. and Ors.
SLP (C) Nos. 1805-1806 of 2022 (SC)
Date of order: 22nd February, 2022
Bench: M.R. Shah J. and B.V. Nagarathna J.Arbitration – High Court has no jurisdiction to remand matter to same Arbitrator – Unless consented by both parties. [Arbitration and Conciliation Act, 1996 S. 37]
FACTS
The Appellants challenged the judgment and order passed by the High Court in exercise of power u/s 37 of the Arbitration and Conciliation Act, 1996, wherein the High Court set aside the award passed by the Ld. Arbitrator and remanded the matter to the same Arbitrator for fresh decision.HELD
As per the law laid down in the case of
Kinnari Mullick and Anr. vs. Ghanshyam Das Damani (2018) 11 SCC 328 and I-Pay Clearing Services Pvt. Ltd. vs. ICICI Bank Ltd. (2022) SCC OnLine SC 4, only two options are available to the Court considering the appeal u/s 37 of the Arbitration Act. The High Court either may relegate the parties for fresh arbitration or consider the appeal on merits on the basis of the material available on record within the scope and ambit of the jurisdiction u/s 37 of the Arbitration Act. However, the High Court has no jurisdiction to remand the matter to the same Arbitrator unless it is consented by both the parties that the matter be remanded to the same Arbitrator.The appeal w
