While Adjudicating On Challenges Against Arbitral Tribunals' Orders U/S 17 Of A&C Act, Court Not Strictly Bound By O.38 & O.39 CPC: Delhi HC

The Delhi High Court held that in challenges to orders of arbitral tribunals under Section 17 of the Arbitration and Conciliation Act, the court is not strictly bound by the principles under Orders 38 and 39 of the CPC. The scope of interference under Section 37 with such orders is limited. The case involved a challenge to an interim order passed by an arbitral tribunal, where the petitioner argued that the tribunal’s order did not comply with the principles of the CPC. The court clarified that while the principles of the CPC may guide the tribunal, they are not binding. The ruling underscores the limited scope of judicial interference in arbitral tribunal orders, emphasizing the need to respect the tribunal’s autonomy and discretion in granting interim measures. This decision reinforces the principle of minimal judicial intervention in arbitration, promoting the efficiency and effectiveness of the arbitration process.