Courts Can't Act Mechanically While Referring A Dispute To Arbitrator, Says Supreme Court: ELP Analysis

The Legal Library section collates quality and in-depth reports on regulatory developments, court rulings and policy changes authored by India’s top law firms and consultants. These reports offer BloombergQuint’s subscribers an opportunity to expand their understanding of law and policy..ELP Update.Section 11 (6-A)2 of the of the Arbitration and Conciliation Act, 1996 (Act) provides that the court shall 'confine to the examination of the existence of an arbitration agreement' while determining an application under sections 11 of the Act. Recently, the Supreme Court observed that courts are obliged to apply their mind to core preliminary issues within the framework of section 11(6-A) of the Act.It held:The Supreme Court or the high court, as the case may be, is not expected to act mechanically merely to deliver a purported dispute raised by an applicant at the doors of the chosen arbitrator.On the contrary, courts are obliged to apply their mind to the core preliminary issues, albeit, within the framework of Section 11(6-A) of the Act.Such a review, is not intended to usurp the jurisdiction of the arbitral tribunal but is aimed at streamlining the process of arbitration. Therefore, even when an arbitration agreement exists, it would not prevent the court to decline a prayer for reference if the dispute in question does not correlate to the said agreement. .Click on the attachment to read the full report:.DISCLAIMERThis alert does not constitute legal advice and is for information purpose only. This report is authored by an external party. BloombergQuint does not vouch for the accuracy of its contents nor is responsible for them in any way. The views expressed in the report are that of the author entity and do not represent the views of BloombergQuint..Users have no license to copy, modify, or distribute the content without permission of the Original Owner.

Courts Can't Act Mechanically While Referring A Dispute To Arbitrator, Says Supreme Court: ELP Analysis

Courts Can't Act Mechanically While Referring A Dispute To Arbitrator, Says Supreme Court: ELP Analysis

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