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CS Professional · Arbitration, Mediation and Conciliation · Arbitration Procedure, Appointment of an Arbitrator and Other Aspects

The tribunal in Orion Steel v Patel Metals was constituted in March. In June, Orion applies to the High Court under Section 9 for an injunction, showing that the tribunal's members are abroad and cannot act for several months while assets are being transferred immediately. How should the Court act?

The Court may entertain the application if it finds circumstances that may not render the Section 17 remedy efficacious. After the tribunal is constituted, Section 9(3) bars the Court from hearing such applications unless this exception is met, and a tribunal unable to act in time may satisfy it.

  1. AReject the application, as the Court can never act once a tribunal is constituted
  2. BEntertain it only if it finds that circumstances exist which may not render the Section 17 remedy efficacious, which these facts may showCorrect
  3. CEntertain it only if the final award has already been made
  4. DTransfer the application to the Registrar of Companies

Explanation

Section 9(3) bars the Court from entertaining a Section 9(1) application after the tribunal is constituted unless the Court finds circumstances that may not render the remedy under section 17 efficacious. Inability of the tribunal to act in time while assets are dissipated can fit this exception, so an absolute bar is wrong.

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