The applicants sought an order under s. 46 of the Arbitration Act, 1991 setting aside an arbitral award.
They argued that the arbitral tribunal exceeded its jurisdiction by determining whether a professional services agreement had been terminated for cause and that the tribunal breached procedural fairness by failing to address a claim raised in a counter-complaint.
The court held that the tribunal had already determined its jurisdiction in a prior award that was not appealed and that the applicants had waived any objection by participating in the arbitration on that basis.
The court further found the tribunal’s reasons intelligible and sufficient, rejecting the allegation of a breach of natural justice.
The application to set aside the award was dismissed and the related application to recognize and enforce the award was granted.
