Referral Court Archives

Referral Court has jurisdiction to examine whether a non-signatory is a veritable party to arbitration agreement: Supreme Court

If the referral court finds that a party is not a veritable party, the matter will not be left to the Arbitral Tribunal as it will relegate the referral court to the status of a monotonous automation.

Case Briefs High Courts

‘Duty of Referral Court in post-award stage to prevent misuse of arbitration’; Delhi HC rejects plea by Jaiprakash Associates for second arbitration in Rs. 360 Crores claim

“Applying the ‘eye of the needle’ test, the Court has no hesitation in observing that the prima facie scrutiny of the facts of the present case, leads to a clear conclusion that there is not even a vestige of doubt that the claim is non-arbitrable.”

arbitration referral court enquiry limitation

Case Briefs Supreme Court

Under Section 11(6) A&C Act, Referral Court must limit its enquiry to the question of limitation period only: SC

Referral courts, at the stage of deciding an application for appointment of arbitrator, must not conduct an intricate evidentiary enquiry into the question whether the claims raised by the applicant are time barred.”

Case Briefs High Courts

Can allegations of coercion be looked into u/s 11 of the Arbitration Act by the referral Court? Delhi HC explains

“Consequent on introduction of sub-Section 6(A) in Section 11, the Supreme Court has in several decisions held that the jurisdiction of the referral Court is now circumscribed.”

Cases Reported SCC Weekly

2023 SCC Vol. 8 Part 1

Advocates — Senior Advocates — Designation of: Guidelines issued by Supreme Court in Indira Jaising, (2017) 9 SCC 766 for greater objectivity