Embassy Property Developments Private ... vs Snp Ventures Llp
Though the judgment of the Court
of Appeal was placed reliance in “Ali Shipping Corporation
..vs.. Shipyar Trogir”, on perusal of the same, since there is
specific articles governing the parties, provided that all the
details and conditions to remain strictly provided confidential
and that the circumstances, the Court of Appeal held that the
proceedings discussed cannot make to the strangers. The above
facts of the judgment cannot be applied. It is to be noticed that
the Arbitration Proceedings is adjudicatory in nature. Though
Section 30 of the Act enables the Tribunal to encourage the
settlement of the dispute, the Tribunal may use of Mediation,
Conciliation or other procedure at any time during the Arbitration
Proceedings to encourage the settlement. But fact remains that
when the settlement not reaches, the Arbitrator has to decide
the issue on the basis of the facts in adjudication process.
12/14
http://www.judis.nic.in
A.Nos.690 and 693 of 2019 & 1192 and 1193 of 2019
Therefore, the question of maintaining confidentiality in Arbitral
Process does not arise at all. Part-III of Arbitration and
Conciliation Act applies only to the conciliation of dispute arising
out of legal relationship and the above part shall not apply when
the dispute is not submitted to conciliation. Therefore, when the
award is passed not based on conciliation, the question of
maintaining confidentiality does not arise at all. Accordingly, I
do not find any merit in these applications questioning the
learned Master's award.