Order XXIII Rule 1(4) CPC Not Applicable To Application Challenging Arbitral Award U/S 34 Arbitration & Conciliation Act: Patna High Court
3 years, 1 month ago

Order XXIII Rule 1(4) CPC Not Applicable To Application Challenging Arbitral Award U/S 34 Arbitration & Conciliation Act: Patna High Court

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The Patna High Court has held that an application filed under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral award is not a suit. Justice Anil Kumar Sinha rejected the petitioner's argument that liberty to file a fresh application was not sought by the Respondent while withdrawing its earlier application, and observed, "As per Section 19 of the 1996 Act, the arbitral tribunal shall not be bound by the Civil Procedure Code, 1908 or the Indian Evidence Act and the parties are free to determine their own procedure to be followed in arbitration proceeding based upon the equal treatment. case before the District Judge is not a suit and, accordingly, the provisions of Order XXIII Rule 1 of the Civil Procedure Code, 1908, will not apply in an application under Section 34 of the 1996 Act." The respondent, Bharat Petroleum Corporation Ltd, filed a case under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award.

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