Facts of the Case

The appellant, Youngsters FC, a football club and permanent member of Football Delhi (DSA), was participating in football competitions and was placed in the ‘A’ Division.

An order dated 14.07.2018 (communicated on 03.08.2018) relegated the appellant to ‘B’ Division, imposed a fine of ₹5,000, debarred its Manager and Coach for one year, and reprimanded 16 players.

The appellant challenged this decision by filing an appeal under the association’s rules. However, despite the rules mandating arbitration, no effective arbitral tribunal was constituted, leading the appellant to approach the court under Section 9 of the Arbitration and Conciliation Act.

Issues Involved

  1. Whether the appellant is entitled to interim relief when the arbitral tribunal is not effectively constituted.
  2. Whether delay or bias concerns in constitution of the arbitral tribunal justify judicial intervention.
  3. Whether disciplinary actions should be stayed pending arbitration proceedings.

Petitioner’s Arguments (Youngsters FC)

  • The arbitral tribunal was either not properly constituted or not functional, rendering the remedy illusory.
  • One arbitrator had prior association with the respondent, raising apprehension of bias.
  • The tribunal proceedings were delayed due to unavailability and intended recusal of arbitrators.
  • The appellant was effectively left without remedy, necessitating court intervention.

Respondent’s Arguments (Football Delhi - DSA)

  • The respondent submitted that a fresh arbitral tribunal was in the process of being constituted.
  • The dispute should be adjudicated through arbitration as per the governing rules of the association.

Court’s Findings / Order

  • The Court observed that the appellant cannot be left remediless due to delay or inefficiency in constitution of the arbitral tribunal.
  • The disciplinary order dated 14.07.2018 (communicated on 03.08.2018) was kept in abeyance.
  • The respondent was permitted to constitute a fresh arbitral tribunal, which would continue the hearing of the appeal.
  • The interim protection granted earlier was made absolute until disposal of the appeal before the arbitral tribunal.

Important Clarifications by Court

  • Courts can intervene under Section 9 where arbitration remedy becomes ineffective.
  • Delay in tribunal constitution or procedural deadlock justifies judicial protection.
  • Interim relief ensures that irreparable harm is prevented pending arbitration.

Link to download the order -  https://delhihighcourt.nic.in/app/case_number_pdf/2019:DHC:927/VIG12022019FAO5412018.pdf 

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