Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Petition U/S 11 Of Arbitration Act Is Maintainable If Statutory Remedy Before Invoking Arbitration Clause Is Exhausted: J&K And Ladakh HC
The Jammu & Kashmir and Ladakh High Court ruled that a petition under Section 11 of the Arbitration Act is maintainable only after exhausting statutory remedies before invoking the arbitration clause. The case involved a dispute where the petitioner sought to appoint an arbitrator without first pursuing available statutory remedies. The court found that the petitioner must exhaust all statutory remedies before seeking arbitration. This decision emphasizes the importance of following procedural steps and ensures that arbitration is used as a last resort after other remedies have been exhausted.