Issue Related To Existence Of Arbitration Agreement Cannot Be Decided Ex-Parte, Without Hearing Respondent: Delhi High Court

The Delhi High Court considered a matter involving an arbitration agreement where one party claimed that an ex-parte decision had been made due to non-appearance of the other party. The court reviewed the circumstances surrounding the absence and examined whether the principles of natural justice were upheld in the arbitration process. It acknowledged that while arbitration is an alternative dispute resolution mechanism, the process must be fair and transparent. The court also stressed the need for both parties to be given an adequate opportunity to present their case before any decision is made. The judgment underlined that an ex-parte award could be challenged if proper procedures were not followed.