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1 - 10 of 15 (0.25 seconds)Section 11 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 7 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 16 in The Arbitration And Conciliation Act, 1996 [Entire Act]
The Arbitration And Conciliation Act, 1996
Section 7 in The Arbitration Act, 1940 [Entire Act]
Section 11 in The Arbitration Act, 1940 [Entire Act]
Section 12 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Shin-Etsu Chemical Co. Ltd vs M/S. Aksh Optifibre Ltd. & Anr on 12 August, 2005
On the other hand, Section 16 provides that the
arbitral tribunal can ―rule‖ on its jurisdiction, including the
existence and validity of an arbitration agreement. A ―ruling‖
connotes adjudication of disputes after admitting evidence from
the parties. Therefore, it is evident that the referral Court is only
required to examine the existence of arbitration agreements,
whereas the arbitral tribunal ought to rule on its jurisdiction,
including the issues pertaining to the existence and validity of an
arbitration agreement. A similar view was adopted by this Court
in Shin-Etsu Chemical Co. Ltd. v. Aksh Optifibre Ltd.‖ [Emphasis
supplied]
Ntpc Ltd. vs M/S Spml Infra Ltd. on 10 April, 2023
For this reason, we find it difficult to hold that the observations
made in Vidya Drolia (supra) and adopted in NTPC v. SPML
(supra) that the jurisdiction of the referral Court when dealing
with the issue of ―accord and satisfaction‖ under Section 11
extends to weeding out ex-facie non-arbitrable and frivolous
disputes would continue to apply despite the subsequent decision
in In Re : Interplay (supra). ... 118. Tests like the ―eye of the
needle‖ and ―ex-facie meritless‖, although try to minimise the
extent of judicial interference, yet they require the referral Court
to examine contested facts and appreciate prima facie evidence
(however limited the scope of enquiry may be) and thus are not in
conformity with the principles of modern arbitration which place
3
2024 SCC OnLine SC 1754
Signature Not Verified Signature Not Verified
Signed By:AMIT KUMAR Signed
SHARMA
Signing Date:26.09.2025 By:PURUSHAINDRA
11:11:16 KUMAR KAURAV
arbitral autonomy and judicial non-interference on the highest
pedestal.‖ [Emphasis supplied]