The Arbitral Tribunal is the sole master of its procedural aspects and there is no room for the intervention of courts in procedural matters that the Tribunal is competent to decide on its own. The Arbitral Tribunal has given clear reasons why the hearing on the termination application could not be scheduled before the hearing of expert witnesses, and yet, has been accommodative to the request of Future and found a suitable time to hear the termination application. As the learned Single Judge rightly observed,
“Mere fixation of tight timelines or denial of requests for adjournment by the Arbitral Tribunal or deciding the order in which the Arbitral Tribunal considers the applications filed by the parties cannot be reason enough to contend that the orders of the Arbitral Tribunal are perverse or lacking in inherent jurisdiction.”
Therefore, the procedural order made by the Arbitral Tribunal did not suffer from the vice of perverse illegality and did not warrant the intervention of the Division Bench.
Source: Barandbench
