Section 37 – When the view expressed by the Tribunal is a plausible view, in exercise of powers conferred under Section 37 of the Arbitration Act, the said view cannot be replaced though another view is also possible.- Oriental Structural Engineers Pvt. Limited Vs Secretary To Government Public Works (D) Department, Government Of Kerala – SLP(C) 22075/2022
Section 9 – Maintainability of application under Section 9 of Arbitration & Conciliation Act when arbtiration proceedings have already commenced. True, as per Section 9(1), a party can file such an application seeking interim relief, before or during arbitral proceedings or at any time after the making of the arbitral award but before it is enforced. However, as per Section 9(3) [inserted by 2015 amendment], once the arbitral tribunal has been constituted, the Court shall not entertain an application unless it finds that circumstances exist which may not render the remedy provided under section 17 efficacious. This question has been answered by the Supreme Court in Arcelor Mittal Nippon Steel India Ltd vs. Essar Bulk Terminal Ltd [2021] 5 S.C.R. 1022, which held: Even after an Arbitral Tribunal is constituted, there may be myriads of reasons why the Arbitral Tribunal may not be an efficacious alternative to Section 9(1). This could even be by reason of temporary unavailability of any one of the Arbitrators of an Arbitral Tribunal by reason of illness, travel etc.