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Delhi High Court held that an Expert Board Report cannot be executed as an arbitral award, decree, or any other executable determination August 4, 2026
Published in: Alerts
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In South Delhi Municipal Corporation v. M/s Delhi Gurgaon Super Connectivity Limited (EX.P. 23/2017), the Delhi High Court held that an Expert Board Report cannot be executed as an arbitral award, decree, or any other executable determination merely because it was prepared pursuant to consent orders passed under Section 9 of the Arbitration and Conciliation Act, 1996.
The Court held that the Expert Board was constituted solely to undertake a technical assessment and did not function as an arbitral tribunal. Since there were no pleadings, evidence, or adjudicatory proceedings, and the Report merely contained technical conclusions and recommendations, it could not attain the status of an arbitral award. The Court further observed that the consent orders constituting the Expert Board did not expressly provide that its determination would be final, binding, or executable. Reaffirming the scope of Section 36 of the Code of Civil Procedure, 1908, the Court also observed that only orders embodying a judicial determination of rights and liabilities are capable of execution, whereas procedural directions or expert opinions, without an express agreement conferring binding effect, are not.
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