Court’s powers under section 27 of Arbitration Act are not adjudicatory: Delhi HC

Steel Authority of India Ltd Vs Uniper Global Commodities (Delhi High Court)

Court’s powers under section 27 of Arbitration Act are not adjudicatory in nature and the arbitral tribunal must adjudicate the relevancy and materiality of the evidence

Introduction: In a notable judgment, the Delhi High Court addressed the application of Section 27 of the Arbitration and Conciliation Act 1996, focusing on the court’s assistance in evidence collection during arbitration proceedings. This case, involving Steel Authority of India Ltd and Uniper Global Commodities, revolved around a charter party agreement dispute and the subsequent arbitration process. The crux of the matter was the relevancy and materiality of the evidence proposed by the petitioner, which led to a detailed examination of the arbitral tribunal’s and the court’s roles under the Arbitration Act.

“In this case Hon’ble Delhi High Court dismissed an application under section 27 of the Arbitration act holding that the Court’s powers under section 27 are not adjudicatory in nature and the arbitral tribunal must adjudicate the relevancy and materiality of the evidence.”

Facts of the Case:

Please become a Premium member. If you are already a Premium member, login here to access the full content.