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    <title>2020 (5) TMI 711 - DELHI HIGH COURT</title>
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    <description>A Section 9 petition was held not maintainable where the arbitration agreement provided for a Japan-seated arbitration under JCAA Rules with a complete mechanism for emergency and interim relief, implying exclusion of recourse to Part I of the Arbitration and Conciliation Act. The applicants had already invoked emergency arbitration and received a reasoned rejection, and no fresh change in circumstances was pleaded to justify a renewed Section 9 request. The court also treated the petition as an impermissible attempt to appeal against the emergency arbitrator&#039;s order. The distinction from cases allowing Section 9 was that those clauses did not exclude court intervention and, in some instances, expressly permitted it.</description>
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      <title>2020 (5) TMI 711 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=301121</link>
      <description>A Section 9 petition was held not maintainable where the arbitration agreement provided for a Japan-seated arbitration under JCAA Rules with a complete mechanism for emergency and interim relief, implying exclusion of recourse to Part I of the Arbitration and Conciliation Act. The applicants had already invoked emergency arbitration and received a reasoned rejection, and no fresh change in circumstances was pleaded to justify a renewed Section 9 request. The court also treated the petition as an impermissible attempt to appeal against the emergency arbitrator&#039;s order. The distinction from cases allowing Section 9 was that those clauses did not exclude court intervention and, in some instances, expressly permitted it.</description>
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      <pubDate>Tue, 12 May 2020 00:00:00 +0530</pubDate>
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