Whether Arbitrator can re-call its order once the proceedings are terminated for non-filling of statement of claim?

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Shubham Budhiraja[1]

Mr. A and Mr. B entered into arbitration proceedings, despite various opportunities given by the arbitrator, Mr. A has failed to file its statement of claim. Thus, the learned arbitrator terminated the proceedings for failure of filling of statement of claim. Mr. A filed the application for re-call of its order however the arbitrator refused to allow the same for reason that it has no power to re-call. Mr. A challenged the order under Article 226 wherein Hon’ble High Court allowed the writ and held that the Arbitral Tribunal had jurisdiction to consider the application for recall of the order terminating proceedings under Section 25(a) of the Act.[2]

 


[1] Advocate, Delhi High Court, shubhambudhiraja02@gmail.com

[2] CM(M) 425/2021, 09.05.2022, Delhi High Court

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