arbitral award
which contains decisions on matters not submitted to arbitration may be set
aside; or
(v) the composition of the arbitral tribunal ... opportunity to resume the arbitral proceedings or to
take such other action as in the opinion of arbitral tribunal will
eliminate the grounds for setting
arbitral award- (1) An
arbitral award shall be made in writing and shall be
signed by the members of the arbitral tribunal ... with the arbitral proceedings and the arbitral
award."
The aforesaid provisions prescribe the procedure to be followed
by the arbitral tribunal coupled with
matter of the suit is `arbitrable', that is capable of
being adjudicated by a private forum (arbitral tribunal); and whether
the High Court ought ... decrees, they do not get excluded from arbitrable disputes. It is pointed
out that the arbitral tribunals can also make interim awards deciding certain
aspects
arbitral
proceedings and reads as follows :
"21. Commencement of arbitral proceedings - Unless otherwise agreed by the
parties, the arbitral proceedings in respect ... arbitral
proceed-ings" occurring in Section 9 of the 1996 Act. We may here observe
that though Section 17 gives the arbitral tribunal
decides” – whether the court at the
reference stage or the arbitral tribunal in the arbitration
proceedings would decide the question of non-arbitrability.
The second ... arbitration as it relates to the very
jurisdiction of the arbitral tribunal. An arbitral tribunal may lack
jurisdiction for several reasons. Non-arbitrability has multiple
notice of dissatisfaction dated 19.11.2013, and referred the
dispute to an arbitral tribunal consisting of three members. The
appellant raised a claim ... have to be applied. Two out of three members of the
arbitral tribunal, by their award dated 02.05.2016 made at New Delhi,
after noting
arbitrate all disputes between them arising out of or
related to the 1964 Contract and that the issues referred to
the Arbitral Tribunal, apart from ... minor exceptions which
were reserved for determination, were such arbitral disputes
and that the Arbitral Tribunal had jurisdiction to
adjudicate on them. The Arbitral Tribunal
arbitral seat (alternatively referred to
as the “place of arbitration”, the “siege” “ort”, the arbitral
“situs” the “locus arbitri” or the arbitral “forum”). The
arbitral ... minimise the supervisory role of Courts in the
arbitral process;
(vi) to permit an arbitral tribunal to use mediation,
conciliation, or other procedures during
pressure or coercion, and
that required to be settled by the Arbitral Tribunal. He therefore
appointed Sri Justice S.N.Variava as the sole arbitrator ... arbitrator or arbitrators."
17
(emphasis supplied)
This Court also examined the `competence' of the arbitral tribunal to
rule upon its own jurisdiction
stay
of arbitral proceedings or to challenge the existence or validity of
arbitration agreements or the jurisdiction of the arbitral tribunal. All
such challenges would ... term "arbitral award"
includes an interim award. He had submitted that it would be open for
the arbitral tribunal to pass interim awards
