Arbitral Tribunal Not Empowered To Pass Ex-Parte Ad-Interim Order: High Court Of Bombay
- Vasanth Rajasekaran and Harshvardhan Korada - 26-10-2021
In a recent decision in Godrej Properties Ltd. v. Goldbricks Infrastructure Pvt. Ltd.1, the High Court of Bombay (High Court) held that an ex-parte ad-interim order could not be passed by an arbitral tribunal without providing sufficient notice, and subsequently hearing the parties concerned. The High Court observed that the arbitral tribunal may be of the view that some urgent orders need to be passed to protect the interests of the parties, however, procedural fairness would not permit the tribunal to pass an ex-parte ad-interim order without having heard the disputants. In this article, we navigate through the facts and findings of the abovementioned judgment of the High Court.
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