Issues Of Misjoinder Of Parties & Incorporation By Reference Fall Within Purview Of Arbitral Tribunal: Calcutta High Court

The Calcutta High Court has ruled that issues of "misjoinder of parties" and "incorporation by reference" fall within the purview of the arbitral tribunal. This significant decision clarifies the scope of an arbitrator's powers. "Misjoinder of parties" refers to incorrectly adding or excluding parties from a dispute, while "incorporation by reference" deals with making external documents part of an agreement. The court affirmed that arbitrators, not just courts, have the authority to decide on these procedural and contractual matters, reinforcing the autonomy and effectiveness of arbitration as a dispute resolution mechanism.