Order Ending Arbitration Over Missing Claim Cannot Be Treated as Arbitral Award: Delhi High Court

The Delhi High Court held that an order under Section 25(a) of the Arbitration and Conciliation Act, 1996, terminating arbitration for non-filing of a statement of claim, does not constitute an arbitral award.

Justice Jasmeet Singh observed that the order was procedural and did not adjudicate the parties’ rights or obligations.

The Court rejected GE Power’s contention that the tribunal’s closure order qualified as a final award under Section 34. Allowing Mecwel’s plea under Sections 14 and 15, the Court directed arbitration to continue before the same arbitrator.

[Mecwel Constructions Pvt Ltd v GE Power Systems India Pvt Ltd]