The Bombay High Court has refused to stay ongoing arbitration proceedings involving Cox & Kings Limited, reiterating that courts should avoid interfering with arbitral processes at an interim stage.
The dispute arose after a challenge was raised against the arbitral tribunal’s decision asserting its jurisdiction. The petitioner argued that the tribunal had wrongly assumed authority over disputes arising from multiple agreements.
Rejecting the plea, the High Court observed that jurisdictional objections are meant to be examined primarily by the arbitral tribunal itself. The Court noted that judicial intervention is permissible only in exceptional cases where there is a clear absence of jurisdiction.
Emphasising the pro-arbitration framework of the Arbitration and Conciliation Act, 1996, the Bench allowed the arbitration to proceed, clarifying that the aggrieved party may raise its objections after the final award is passed.