Arbitral Tribunal’s Order Rejecting The Application For Impleadment Of Party Doesn’t Constitute An ‘Interim Award’: Delhi High Court
Case: Goyal Mg Gases Pvt Ltd vs. Panama Infrastructure Developers Pvt Ltd & Ors.
Coram: Justices Najmi Waziri and Sudhir Kumar Jain
Case No.: FAO(OS) (COMM) 217/2019
Court Observation: “It is reflecting that an order would said to be an award or interim award when it decides a substantive dispute which exists between the parties. It is essential before an order can be understood as an award that it answers the attributes of the decision on the merits of the dispute between the parties or accords in conclusively settling a dispute which pertains to core issue.”
“Accordingly, an order passed by the Arbitral Tribunal rejecting the application for impleadment neither decides the substantive question of law nor touches upon the merits of the case. The impugned order, as such, has not travelled the distance to answer the attributes of determination of an issue,” “The learned Sole Arbitrator rightly observed that the subsequent transferees are neither the necessary parties nor proper parties for disposal of the claims and arbitral proceedings can proceed between the appellant and the respondents and if the decree is passed in favour of the appellant, in that eventuality subsequent sale agreement shall become null and void.”
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Arbitral Tribunal’s Order
