Section 11 A&C Act Archives

Bombay HC allows appointment of arbitrator in insurance dispute despite insurer’s repudiation of liability; Leaves arbitrability issues to Tribunal

The Bombay High Court reiterated that at the Section 11 stage, the Court is concerned only with the existence of an arbitration agreement, leaving disputes relating to repudiation, limitation, and arbitrability for the Arbitral Tribunal.

Presiding arbitrator has no noteworthy superior role

Case Briefs High Courts

Technical Disputes Do Not Mandate a Technical Presiding Arbitrator; Tribunal May Seek Expert Assistance: Kerala HC Nominates Former Judge as Third Arbitrator

A party that initially chose a retired Judge as sole arbitrator cannot later insist that only a technical expert can adjudicate because the dispute is factual in nature — the Kerala High Court directed the KHHAC to nominate a former Judge as presiding arbitrator, leaving it open to the tribunal to seek expert assistance on technical issues.

Case Briefs Supreme Court

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.