Esco Micro Pte. Ltd. v. Esco Biotech Pvt. Ltd.
Case brief
What is this about?
Bombay High Court OOCJ; Arb. Pet. 257 of 2024; decided 17 December 2025; Sandeep V. Marne, J.; Esco Micro Pte. Ltd. v. Esco Biotech Pte. Ltd.; Section 34 Arbitration and Conciliation Act 1996; challenge to Arbitral Tribunal order dated 20 January 2024 deciding Section 32 application on Claimant's authority to file claim and vakalatnama; paragraph 24 observation on Resolution dated 13 November 2019 clarified as not a final adjudication of arbitrability of oppression and mismanagement; maintainability objections left undecided; no arbitrability issue framed in Statement of Defence; petitioner free to seek framing of arbitrability issue; neutral citation 2025:BHC-OS:25289.
What did the court decide?
Clarification that the Arbitral Tribunal's paragraph 24 observations shall not be treated as final adjudication on the objection of arbitrability of oppression and mismanagement, and that the order shall not be construed as this Court holding that the arbitral proceedings involve such a dispute; Petitioner left free to exercise remedies for framing of an arbitrability issue; maintainability objections not decided.