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1 - 10 of 13 (0.23 seconds)Section 11 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 21 in The Arbitration And Conciliation Act, 1996 [Entire Act]
The Limitation Act, 1963
Ntpc Ltd. vs M/S Spml Infra Ltd. on 10 April, 2023
Insofar as our observations on the second issue are
concerned, we clarify that the same were made in light of the
observations made by this Court in many of its previous
Arb P. 958/2023
Signature Not Verified Page 10 of 14 Signature Not Verified
Digitally Signed By:AJIT Digitally Signed
KUMAR By:CHANDRASHEKHARAN
HARI SHANKAR
Signing Date:12.08.2024 Signing Date:12.08.2024
14:12:08 14:10:55
decisions, more particularly in Vidya Drolia
and NTPC v. SPML. However, in the case at hand, as is evident
from the discussion in the preceding parts of this judgment, we
have had the benefit of reconsidering certain aspects of the two
decisions referred to above in the light of the pertinent
observations made by a seven-Judge Bench of this Court in In
Re : Interplay.
The Arbitration And Conciliation Act, 1996
World Book Inc & Ors. vs World Book Company (P) Ltd. on 15 October, 2014
In a leading
U.S. Supreme Court judgment of PacifiCare Health Systems,
Arb P. 958/2023
Signature Not Verified Page 8 of 14 Signature Not Verified
Digitally Signed By:AJIT Digitally Signed
KUMAR By:CHANDRASHEKHARAN
HARI SHANKAR
Signing Date:12.08.2024 Signing Date:12.08.2024
14:12:08 14:10:55
Inc. v Book15, it was held that the question of non-arbitrability
should be considered in the first instance by the arbitral
tribunal. The Court observed that, "since we do not know how
the arbitrator will construe the remedial limitations, the
question ... whether they render the parties' agreements
unenforceable is better left for initial arbitral consideration".