insc-2025-1400 — Harshbir Singh Pannu vs Jaswinder Singh

Practice Areas

Act would be available provided a specific remedy is not provided under the Act Arbitration (Protocol and Convention) Act, 1937 Arbitration Act, 1940 Arbitration and Conciliation Act, 1996 Bhaven Construction (supra) has to be construed in light of the scheme of the Act, 1996 Chapter VI of the Act, 1996 Code of Civil Procedure, 1908 Constitution of India Even the position of law as regards the termination of proceedings under the Act, 1996 Even where no statutory remedy exists under the Act, 1996 Every arbitration initiated under the Act, 1996 Foreign Awards (Recognition and Enforcement) Act, 1961 Fourth Schedule of the Act, 1996 HKIAC Rules avoid the pitfalls that are present in the UNCITRAL Model and by extension in the Act, 1996 High Court of Punjab and Haryana challenging the validity of the Fourth Schedule of the Act, 1996 In the context of an award under the Industrial Disputes Act, 1947 It removes the anomaly that still persists under the Act, 1996 No other provision in the Act, 1996 None of the provisions in the Act, 1996 Once the fees had been determined by the Sole Arbitrator in accordance with the Fourth Schedule of the Act, 1996 Remedy under the Act, 1996 Sanghavi (supra) it appears that an arbitral proceeding can be terminated under the Act, 1996 Schedule of Arbitration and Conciliation Act, 1996 Scheme of the Act, 1996 Sick Industrial Companies (Special Provisions) Act, 1985 Since the Act, 1996 Sole Arbitrator in accordance with the Fourth Schedule of the Act, 1996 Sole Arbitrator merely revised the quantum keeping in mind the Fourth Schedule of the Act, 1996 Sole Arbitrator revised the fees payable in terms of the Fourth Schedule of the Act, 1996 Sole Arbitrator terminating the arbitral proceedings could be said to be contrary to the scheme of the Act, 1996 Sole Arbitrator was on the basis of the Fourth Schedule of the Act, 1996 Statement of Objects and Reasons of the Act, 1996 Termination of Arbitral Proceedings under the Act, 1996 UNCITRAL Model and by extension in the Act, 1996 UNCITRAL Model and the Act, 1996 aforesaid expression clearly stipulates that the termination of arbitral proceedings under the Act, 1996 fee as calculated on the sum in dispute as per IVth Schedule of the Arbitration and Conciliation Act, 1996 final call however in regards to aforesaid lacunae in the Act, 1996 power of the arbitral tribunal to pass an order to terminate the proceedings under the scheme of the Act, 1996 various grounds on which the proceedings can be terminated under the Act, 1996

Judges (2)

J.B. Pardiwala Delivered R. Mahadevan Coram

Parties (2)

Harshbir Singh Pannu Appellant Jaswinder Singh Respondent

Summary

Civil appeal concerning termination of arbitral proceedings under the Arbitration and Conciliation Act, 1996. The Supreme Court extensively analyzed the interplay between Sections 25, 30, 32, and 38 regarding termination of proceedings, resolved conflicting High Court views on the subject, partly allowed the appeal, and remanded the matter for appointment of a substitute arbitrator to conduct hearings de novo.

What was the outcome of Harshbir Singh Pannu vs Jaswinder Singh?

Civil appeal concerning termination of arbitral proceedings under the Arbitration and Conciliation Act, 1996. The Supreme Court extensively analyzed the interplay between Sections 25, 30, 32, and 38 r...

Statutes Cited

Act would be available provided a specific remedy is not provided under the Act

s 14(2)

aforesaid expression clearly stipulates that the termination of arbitral proceedings under the Act, 1996

Arbitration (Protocol and Convention) Act, 1937

Arbitration Act, 1940

Arbitration and Conciliation Act, 1996

s 11 s 11(14) s 15 s 25 s 32 s 32(2)(c) s 34 s 38(2) s 39

Bhaven Construction (supra) has to be construed in light of the scheme of the Act, 1996

Chapter VI of the Act, 1996

Code of Civil Procedure, 1908

Constitution of India

Art 142 Art 226 Art 227

Even the position of law as regards the termination of proceedings under the Act, 1996

Even where no statutory remedy exists under the Act, 1996

Every arbitration initiated under the Act, 1996

fee as calculated on the sum in dispute as per IVth Schedule of the Arbitration and Conciliation Act, 1996

final call however in regards to aforesaid lacunae in the Act, 1996

Foreign Awards (Recognition and Enforcement) Act, 1961

Fourth Schedule of the Act, 1996

High Court of Punjab and Haryana challenging the validity of the Fourth Schedule of the Act, 1996

HKIAC Rules avoid the pitfalls that are present in the UNCITRAL Model and by extension in the Act, 1996

In the context of an award under the Industrial Disputes Act, 1947

It removes the anomaly that still persists under the Act, 1996

No other provision in the Act, 1996

None of the provisions in the Act, 1996

Once the fees had been determined by the Sole Arbitrator in accordance with the Fourth Schedule of the Act, 1996

power of the arbitral tribunal to pass an order to terminate the proceedings under the scheme of the Act, 1996

Remedy under the Act, 1996

Sanghavi (supra) it appears that an arbitral proceeding can be terminated under the Act, 1996

Schedule of Arbitration and Conciliation Act, 1996

scheme of the Act, 1996

Scheme of the Act, 1996

Sick Industrial Companies (Special Provisions) Act, 1985

Since the Act, 1996

Sole Arbitrator in accordance with the Fourth Schedule of the Act, 1996

Sole Arbitrator merely revised the quantum keeping in mind the Fourth Schedule of the Act, 1996

Sole Arbitrator revised the fees payable in terms of the Fourth Schedule of the Act, 1996

Sole Arbitrator terminating the arbitral proceedings could be said to be contrary to the scheme of the Act, 1996

Sole Arbitrator was on the basis of the Fourth Schedule of the Act, 1996

Statement of Objects and Reasons of the Act, 1996

Termination of Arbitral Proceedings under the Act, 1996

UNCITRAL Model and by extension in the Act, 1996

UNCITRAL Model and the Act, 1996

various grounds on which the proceedings can be terminated under the Act, 1996

Cases Cited (19)

IN (19)

(1971) 3 SCC 844 (1981) 2 SCC 150 (2002) 4 SCC 105 (2005) 13 SCC 777 (2005) 8 SCC 618 (2006) 6 SCC 204 (2014) 7 SCC 255 (2016) 3 SCC 619 (2018) 11 SCC 470 (2022) 1 SCC 75 (2024) 11 SCC 1 (2024) 4 SCC 481 (2024) 7 SCC 1 2022 SCC OnLine SC 1122 2025 INSC 1365 2025 INSC 1400 2025 INSC 605 AIR 1970 SC 1273 AIR 1981 SC 806

Cited By (1)

insc-2025-1400

Harshbir Singh Pannu vs Jaswinder Singh