REVIEW OF SECTION 11’s ORDER: SCOPE OF MAINTAINABILITY
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https://doi.org/10.55662/Keywords:
Arbitration, Conciliation, Tribunal, International commercial arbitration, Maintainability, Review petitionAbstract
Section 11 of the Arbitration and Conciliation Act 1996 provides a detailed mechanism for appointment of an arbitral tribunal through judicial interference. It empowers the Chief Justice of India in international commercial arbitration and the Chief Justice of the relevant High Court in non-international commercial arbitration to appoint arbitrators under certain select circumstances. However, unlike the position under the UNCITRAL Model Law, the exercise of power under Section 11 of the Indian Enactment entails an exercise of the judicial function, resulting in a judicial order. This poses several concerns, one of them being the issue of maintainability of review against an order passed under Section 11 of 1996 Act. By means of the present paper, I will assess the maintainability of a review petition filed against a Section 11 Order for appointment of an arbitral tribunal with reference to the various conflicting judicial decisions on the issue and the anomalous situation created in India as a consequence of the same.
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