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1 - 10 of 14 (0.47 seconds)Section 8 in The Arbitration And Conciliation Act, 1996 [Entire Act]
M/S Duro Felguera S.A vs M/S. Gangavaram Port Limited on 10 October, 2017
This
being the position, it is difficult to agree with the
reasoning contained in the aforesaid judgment
[United India Insurance Co. Ltd. v. Antique Art
Exports (P) Ltd., (2019) 5 SCC 362 : (2019) 2 SCC
(Civ) 785] , as Section 11(6-A) is confined to the
examination of the existence of an arbitration
agreement and is to be understood in the narrow
sense as has been laid down in the judgment in Duro
Felguera, SA [Duro Felguera, SA v. Gangavaram
Port Ltd. :(2017) 9 SCC 729 -- see paras 48 & 59"
Vidya Drolia vs Durga Trading Corporation on 14 December, 2020
In a recent judgment delivered by a three-judge
bench in Vidya Drolia v. Durga Trading Corporation
MANU/SC/0939/2020 : (2021) 2 SCC 1, on the
scope of power under Sections 8 and 11, it has been
held that the Court must undertake a primary first
review to weed out "manifestly ex facie non-existent
and invalid arbitration agreements, or non-arbitrable
disputes." The prima facie review at the reference
stage is to cut the deadwood, where dismissal is bare
faced and pellucid, and when on the facts and law,
the litigation must stop at the first stage. Only when
the Court is certain that no valid arbitration
agreement exists, or that the subject matter is not
arbitrable, that reference may be refused.
The Arbitration And Conciliation Act, 1996
Ncc Limited vs Indian Oil Corporation Limited on 8 February, 2019
However, the
Supreme Court also referred with approval a passage from the judgment
of this Court in NCC Ltd. v. Indian Oil Corporation Ltd.: 2019 SCC
OnLine Del 6964, whereby the Court had explained that "unless it is in
a manner of speech, a chalk and cheese situation or a black and white
situation without shades of grey, the concerned court hearing the
Section 11 petition should follow the more conservative course of
allowing parties to have their say before the arbitral tribunal".
Bharat Sanchar Nigam Limited vs M/S Nortel Networks India Pvt. Ltd. on 10 March, 2021
In Bharat Sanchar Nigam Ltd. And Ors. v. Nortel Networks
India Pvt. Ltd.: SLP (C) No. 1531-32/2021 decided on 10.03.2021, the
Signature Not Verified
Digitally Signed
By:DUSHYANT
ARB. P. 90/2019 Page 12 of 15
RAWAL
Supreme Court had referred to its earlier decision and held as under: