Arbitration and courts – The Hindu BusinessLine

Clipped from:

They said that a civil judge would not be the competent authority to entertain cases under Sections 9,14, 314, 34 & 36 of the Arbitration and Conciliation Act, 1996.

The Bench held that the language employed in the definition clause of “Court” in Section 2(1)(c) of the Arbitration Act shows that the Legislature intended to confer power in respect of disputes involving arbitration on the highest judicial court of the district. This, the court opined, was done to minimise the supervisory role of courts in the arbitral process and, therefore, purposely excluded any civil court of a grade inferior to such Principal Civil Court, or any Court of Small Causes.

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s