STATE OF ORISSA vs NIRIPAMA SWAIN

The Supreme Court examined the applicability of Section 340 of the Code of Criminal Procedure in arbitration proceedings, emphasizing that an arbitrator is not a court under the Code of Civil Procedure as established in Thawardas Pherumal v. Union of India (AIR 1955 SC 468). The Court noted significant changes brought by the Arbitration and Conciliation Act, 1996, which recognizes party autonomy and limits court interference. The judgment clarified that the provisions of Section 340 CrPC do not apply to arbitration, thereby upholding the integrity of the arbitration process.