Arbitrability of Excepted Matters: What is “Excepted”?
by Vasanth Rajasekaran* and Harshvardhan Korada**
Section 11 Arbitration Act
Arbitration and Conciliation Act, 1996 | Time-Barred Claim ≠ Time-Barred Section 11 Petition: Punjab and Haryana High Court appoints Second Arbitrator
“The issue with regard to the time barred claim is not to be gone into at the reference stage under Section 11 of the Arbitration and Conciliation Act, 1996 but can be seen only by the Arbitrator/Arbitration Tribunal at the relevant stage.”
Re-Defining the Boundaries of Non-Signatory Participation in Arbitration
by Vasanth Rajasekaran* and Harshvardhan Korada**
‘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.”
Question regarding substance of existence of agreement can only be determined by Arbitral Tribunal: Bombay HC
Even if it is presumed that signing an agreement with an arbitration clause can be regarded as submission of a (non-existent) dispute to arbitration, it will not follow that as a matter of law, since there will be no implied authority to execute such a contract. All these are issues that will pose mixed questions of fact and law and will relate to the substance of existence rather than the form of existence, i.e., a written agreement.
SC clarifies scope of judicial scrutiny under Section 11 of Arbitration Act: Sets aside Bombay HC ruling on appointment of arbitrator
Supreme Court clarified that the limited jurisdiction of the referral Courts under Section 11 must not be misused by parties in order to force other parties to the arbitration agreement to participate in a time-consuming and costly arbitration process.
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.”
