Section 12(5) read the Seventh Schedule; (ii) mandatory disclosure under
Sections 12(1) read with the Fifth Schedule; (iii) challenge procedures under
Sections ... Arbitration Act
34
Section 34(2)(a)(v) , Arbitration Act
35
Section 11(6) , Arbitration Act
36
N S Nayak and Sons v. State
Section 12(5) of the Act.
Re: Conflict of the Arbitration Clause with Section 12(5) read with
paragraph 1 of the Seventh Schedule ... parties, subject to the
mandatory disclosures under the amended Section 12 of the Arbitration and
Conciliation Act, 1996.
……..……………………………….CJI.
[Dr Dhananjaya Y Chandrachud]
……………….………………………….J.
[Pamidighantam
present application has been
filed under Section 11(6) read with Section 11(12)(a) of the Arbitration and
Conciliation Act, 1996 seeking appointment ... reasons stated above, Arbitration Petition No. 65 of 2023
filed under Section 11(6) read with Section 11(12
party, was an
international commercial arbitration in terms of Section 2(1)(f) of the Arbitration Act.
3
“ Arbitration Act ”
4
10 By an order ... expressly excluded the applicability of sub-sections (3) and (4)
12
of Section 29A to an international commercial arbitration. But, at the same time
held that the issue of non-arbitrability
12 Arbitration and Conciliation Act 1996 (Act 26 of 1996), Section 11(6) :
"(6) Where, under ... expression
“existence of an arbitration agreement” in Section 11 of
the Arbitration Act, would include aspect of validity of an
arbitration agreement, albeit the court
following submissions:
a. Section 7 of the Arbitration Act requires the arbitration agreement to be in
writing. Therefore, an arbitration agreement cannot be created ... arbitration agreement.” An “arbitration agreement” is defined under Section
2(1)(b) to mean “an agreement referred to in Section 7 .” Section 7 lays down
This Part except sub-section (1) of section 40, sections 41 and 43
shall apply to every arbitration under any other enactment for the
time ... that other enactment or with any rules made
thereunder.”
12. Arbitration agreement is defined in Section 7 of the ACA as
an agreement to submit
High Court, while
considering any application under sub-section (4) or sub-section (5) or sub-section (6),
shall, notwithstanding any judgment, decree or order ... considered Section 2(1)(e) in the context of Section 14
observed as under:
“8. Application in terms of sub-section (2) of Section
appointment procedure in the arbitration agreement. Hence,
invocation of arbitration as provided in Section 21 , and the
subsequent failure of the respondent to appoint ... application, and also the law applicable to the arbitration
proceedings.
12. In this case, a Section 21 notice was undisputedly issued by
the appellant under
arbitration, not the existence of the arbitration agreement. Such issues fall
squarely within the AT’s jurisdiction under Section 16.
IV. Analysis and Reasoning:
12 ... Gangavaram Port Ltd15 , the Constitution
Bench decision in Interplay Between Arbitration Agreements under
Arbitration and Conciliation Act, 1996 and Stamp Act, 1899 , In Re16
