Shri Ganpati Jurists | Supreme Court Update ⚖️✨
Hindustan Construction Company Ltd. vs Bihar Rajya Pul Nirman Nigam Ltd. & Ors.
🚨 Landmark Holding
🔒 Review or Appeal against an order appointing an Arbitrator is not maintainable.
Once appointed under Section 11, the process must move forward without judicial interruption — a deliberate legislative design.
⚜️ Court’s Key Principles
The Arbitration and Conciliation Act, 1996 intentionally provides no right of appeal or review against a Section 11 arbitrator appointment order.
After appointment, the High Court becomes functus officio — it cannot revisit or sit in review of its own settled finding.
Review power held by the High Courts is narrow and exceptional in arbitration matters — permissible only to:
✔ Correct error apparent on record, or
✔ Address a material fact overlooked
✖ Not to re-analyze law or merits.
A party that participates in arbitration, including filing joint extensions under Section 29A, is estopped from challenging appointment later through review.
🏛 Only Two Routes Open (If Any)
Challenge before the Arbitral Tribunal under Section 16, or
Approach the Supreme Court of India under Article 136
❗ Not by High Court review or appeal.
💼 Practitioner’s Takeaway
Once appointed under Section 11 —
⚜ Let arbitration run its course,
⚖ Raise jurisdiction objections before the tribunal,
🚫 Do not attempt review appeals in High Court.
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