Section 9 Petition Maintainable before Court Only in the Absence of a Remedy Before Arbitral Tribunal

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Sep 30, 2020

Section 9 Petition Maintainable before Court Only in the Absence of a Remedy Before Arbitral Tribunal

A Division Bench of the Delhi High Court, in the case of Ashwani Minda v. U-Shin Ltd^[1] has, inter alia, held that Courts can only be approached for interim reliefs by parties to an ongoing arbitration, when there is no efficacious remedy available before the arbitral tribunal.

In this case, the appellants had filed a petition under Section 9 of the Arbitration and Conciliation Act 1996 (‘Arbitration Act’) before the Delhi High Court seeking interim reliefs. On May 12, 2020, the Single Judge held that this petition was not maintainable, inter alia, because the issues had already been raised before an emergency arbitrator, which precluded the appellants from raising the same issues again before the Court; as the Court cannot sit in appeal against the order of the emergency arbitrator. An appeal against the order of the Division Bench of the Delhi High Court was filed before the SC. However, the same was dismissed on July 30, 2020.

[1] 2020 SCC OnLine Del 721.

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