Wednesday, 1 November 2017

What is role of court after amendment in arbitration Act in 2015?

The scope of the power under Section 11 (6) of the 1996 Act was considerably wide in view of the decisions in SBP and Co. (supra) and Boghara Polyfab (supra). This position continued till the amendment brought about in 2015. After the amendment, all that the Courts need to see is whether an arbitration agreement exists - nothing more, nothing less. The legislative policy and purpose is essentially to minimize the Court’s intervention at the stage of appointing the arbitrator and this intention as incorporated in Section 11 (6A) ought to be respected.
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Supreme Court - Daily Orders

M/S Duro Felguera S.A vs M/S. Gangavaram Port Limited on 10 October, 2017
 CIVIL ORIGINAL JURISDICTION

 ARBITRATION PETITION NO.30 OF 2016
Read full judgment here :Click here
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