Non-Arbitrable Dispute – Referred to an Arbitrator

Arbitration arises from a contract and unless there is a specific written contract, a contract with regard to arbitration cannot be presumed. Section 7 (3) of the Arbitration and Conciliation Act clearly specifies that the contract with regard to arbitration must be in writing. If a non-arbitrable dispute is referred to an arbitrator and even if an issue is framed by the arbitrator in relation to such a dispute, there cannot be a presumption or a conclusion to the effect that the parties had agreed to refer the issue to the arbitrator. It is not open to the arbitrator to decide the issues which are not arbitrable and the award, so far as it relates to disputes regarding non-arbitrable disputes is concerned, is bad in law. Harsha Constructions v. Union of India, (2014) 9 SCC 246.

Advertisements

Leave a comment

Filed under Arbitration, Non-Arbitrable Dispute

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s