Appeal Against the Order of the Chief Justice Under Section 11 of the Arbitration and Conciliation Act, 1996: An Empirical Analysis

Indian Journal of Arbitration Law, Volume 1, Issue 1, pp. 21-40

19 Pages Posted: 13 Jan 2013 Last revised: 10 Feb 2014

Multiple version iconThere are 2 versions of this paper

Date Written: September 27, 2012

Abstract

In SBP & Co. v. Patel Engineering Co., a seven judge Bench of the Supreme Court held that an appeal would lie to the Supreme Court from an order of the Chief Justice of the High Court or his designate passed under ยง 11 of the Arbitration and Conciliation Act, 1996. The court was of the view that its decision to make the order of the Chief Justice or his designate final but subject to appeal by special leave under Article 136 would aid in the quick disposal of the arbitration claims and avoid delay. The purpose of this paper is to examine the merit of the said view primarily using data derived from the reported decisions of the Supreme Court subsequent to SBP & Co. v. Patel Engineering Co. where special leave was granted. The figures indicate weakness in the entire process of appeal. Considering that the appeal procedure is a part of the process of appointment of arbitrators, the above figures are indicative of the weakness of the entire process of appointment. If India aspires to have an efficient system of arbitration, the process of constitution of the arbitral tribunal should be revamped comprehensively.

Keywords: arbitration, India, Chief Justice, Arbitration and Conciliation Act 1996, appointment of arbitrator, arbitral tribunal, SBP & Co v. Patel Engineering

JEL Classification: K10, K30, K33, K39, K41

Suggested Citation

Srinivasan, Badrinath, Appeal Against the Order of the Chief Justice Under Section 11 of the Arbitration and Conciliation Act, 1996: An Empirical Analysis (September 27, 2012). Indian Journal of Arbitration Law, Volume 1, Issue 1, pp. 21-40, Available at SSRN: https://ssrn.com/abstract=2199810

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