Supreme Court directs all High Courts to submit details of pending applications under Section 11(6) Arbitration Act

Supreme Court directs all High Courts to submit details of pending applications under Section 11(6) Arbitration Act

Supreme Court directs all High Courts to submit details of pending applications under Section 11(6) Arbitration Act

 The directive  issued by a Bench of Justices MR Shah and BV Nagarathna in response to High Courts’ protracted delays in disposing of Section 11(6) cases, which undermined the object and purpose of the Arbitration Act.

The Supreme Court recently requested that; all High Courts submit details regarding applications pending before the concerned High Court under Section 11(6) of the Arbitration and Conciliation Act, seeking the appointment of an arbitrator [M/S Shree Vishnu Construction vs. the Engineer in Chief Military Engineering Service Private limited].

The instruction  given by a Bench of Justices MR Shah and BV Nagarathna in reaction to High Courts’ lengthy delays in deciding Section 11(6) cases, which; compromised the Arbitration Act’s intent and purpose.

As a result, it mandated that; all High Courts submit information of such applications to the Supreme Court by May 6.

The Supreme Court  hearing a case in which an application under Section 11(6) of the Arbitration Act  submitted in 2016, and it took; the Telangana High Court four years to resolve and dismiss the application.

The Supreme Court told that; other Section 11(6) applications were still pending before the High Court.

Regardless of whether the Commercial Courts Act requires it, commercial disputes must be settled within a year. Even under the Arbitration (Amendment) Act of 2015, the arbitrator must complete the arbitral procedures within a year.

“Before issuing any order to the High Courts, we direct the Registry to call the statements/particulars pertaining to the ongoing petitions under Section 11(6) of the Arbitration Act from all High Courts so that; they reach this Court on or before May 6, 2022. We direct that; the statement be transmitted to the Registry of this Court by the; Registry of all High Courts; on or before May 6, 2022, the court said.

The matter  heard again on May 9.

For the petitioners, attorneys K Parameshwar, A Sregurupriya, and Prasad Hegde appeared.

Read more blogs@advocatetanwar.com