الهيئة الدولية للتحكيم

الهيئة الدولية للتحكيم ، التحكيم في الهند: نظرة عامة

ARBITRATION IN INDIA: AN OVERVIEW


Jurisdiction of the arbitrator:

In SBP & Co. v. Patel Engg Ltd.8 the Supreme Court of India (in a decision rendered by a Bench
of Seven Judges) held that the nature of power conferred on the Court under Section 11 of the
Act is judicial (and not administrative) in nature. Accordingly, if parties approach the Court for
appointment of arbitral tribunal (under Section 11) and the Chief Justice pronounces that he has jurisdiction to appoint an arbitrator or that there is an arbitration agreement between the parties
or that there is a live and subsisting dispute to be referred to arbitration and the Court constitutes
the Tribunal as envisaged, this would be binding and cannot be re-agitated by the parties before
the arbitral tribunal.


الهيئة الدولية للتحكيم