Summary
The Supreme Court set aside a post-award order directing payment against a bank guarantee because the arbitral award had subsequently been set aside by the commercial court. That development removed the basis of the interim order. The Court did not decide whether the High Court originally exceeded its Section 9 jurisdiction or improperly acted before the award-challenge period expired. Rights concerning the challenge to the award remained open.
Issues
- What effect the subsequent setting aside of the award had on a post-award interim payment order.
- Whether the Supreme Court needed to decide the objections to the original interim order’s jurisdictional basis.
Held
- The commercial court’s setting aside of the arbitral award on 29 November 2018 removed the basis on which the High Court had directed release of the award amount against a bank guarantee. The interim order therefore could not survive. (¶¶ 1, 5, 6)
- The Court expressly refrained from deciding whether the High Court’s original order was correct or exceeded its jurisdiction. All rights and contentions concerning the challenge to the award remained open. (¶¶ 7, Unnumbered concluding directions)
Result
Civil appeal disposed of without costs. High Court’s order dated 22 August 2016 set aside because its supporting award had been set aside; underlying rights and contentions preserved.