Supreme Court Of India Clarifies Scope Of Writ Jurisdiction Against Orders Passed Under Section 16 Of The Arbitration And Conciliation Act, 1996

In a decision on the scope of writ jurisdiction in the context of arbitration proceedings, the Supreme Court of India (“Supreme Court”), in M/s Tarini Prasad Mohanty vs. M/s Sunflag Iron and Steel Company Limited,1 has held that the exercise of writ jurisdiction under Articles 2262 and 2273 of the Constitution of India (“Constitution”) to set aside an order passed under Section 164 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) was not justified, particularly where the arbitrator was seized of the arbitration proceedings.

Please click here to read the full article by Amar Gupta, Joint Managing Partner, Parth Dua, Principal Associate, and Pranav Tanwar, Principal Associate, published in Mondaq.