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Arbitrator Can’t Be Impleaded Under Section 36(2) Of A&C Act Without Prima Facie Case Of Fraud Or Corruption: Calcutta High Court

23 Jun 2025 3 min read
Arbitrator Can’t Be Impleaded Under Section 36(2) Of A&C Act Without Prima Facie Case Of Fraud Or Corruption: Calcutta High Court

The case arose out of a commercial arbitration where West Bengal Industrial Development Corporation Ltd (WBIDC), the award-debtor, challenged the arbitral award dated October 30, 2023, passed by a three-member arbitral tribunal in favor of Tata Motors Limited (TML). While the Section 34 petition to set aside the award was already filed, WBIDC separately moved an application under Section 36(2) of the Arbitration and Conciliation Act, 1996, seeking an unconditional…

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