Appointment Of Arbitrator: SC/HC Jurisdiction Confined To The Examination Of Existence Of Arbitration Agreement: SC [Read Judgment]

Ashok Kini

11 Sept 2019 5:35 PM IST

"It is clear that the law prior to the 2015 Amendment that has been laid down by this Court, which would have included going into whether accord and satisfaction has taken place, has now been legislatively overruled"

The Supreme Court has held that, after introduction of Section 11(6A) to the Arbitration and Conciliation Act, the jurisdiction of the Supreme Court/High Court, while considering a petition to appoint arbitrator, is confined to the examination of the existence of an arbitration agreement Three judge bench comprising Justice RF Nariman, Justice R. Subhash Reddy and Justice Surya...

Appointment Of Arbitrator: SC/HC Jurisdiction Confined To The Examination Of Existence Of Arbitration Agreement: SC [Read Judgment]

Ashok Kini

"It is clear that the law prior to the 2015 Amendment that has been laid down by this Court, which would have included going into whether accord and satisfaction has taken place, has now been legislatively overruled"

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