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1 - 10 of 14 (0.30 seconds)Section 11 in The Arbitration Act, 1940 [Entire Act]
Section 11 in The Indian Stamp Act, 1899 [Entire Act]
Section 8 in The Indian Stamp Act, 1899 [Entire Act]
Section 16 in The Arbitration Act, 1940 [Entire Act]
M/S Duro Felguera S.A vs M/S. Gangavaram Port Limited on 10 October, 2017
In Duro Felguera [Duro Felguera,
S.A. v. Gangavaram Port Ltd., (2017) 9 SCC 729
: (2017) 4 SCC (Civ) 764] , this Court held that
the Referral Courts only need to consider one
aspect to determine the existence of an
arbitration agreement — whether the underlying
contract contains an arbitration agreement
which provides for arbitration pertaining to the
disputes which have arisen between the parties
to the agreement. Therefore, the scope of
examination under Section 11(6-A) should be
confined to the existence of an arbitration
CIVIL APPEAL NO………..OF 2025 (@ SLP (C) D.No. 21451/2024) Page 8 of 26
agreement on the basis of Section 7. Similarly,
the validity of an arbitration agreement, in view
of Section 7, should be restricted to the
requirement of formal validity such as the
requirement that the agreement be in writing.
Vidya Drolia vs Durga Trading Corporation on 14 December, 2020
This interpretation also gives true effect to the
doctrine of competence-competence by leaving
the issue of substantive existence and validity of
an arbitration agreement to be decided by
Arbitral Tribunal under Section 16. We
accordingly clarify the position of law laid down
in Vidya Drolia [Vidya Drolia v. Durga Trading
Corpn., (2021) 2 SCC 1 : (2021) 1 SCC (Civ) 549]
in the context of Section 8 and Section 11 of the
Arbitration Act.
Bihar State Mineral Dev. Corpn. & Anr vs Encon Builders (I) Pvt. Ltd on 21 August, 2003
(c) an exchange of statements of claim and defense in which the existence of the
agreement is alleged by one party and not denied by the other.
CIVIL APPEAL NO………..OF 2025 (@ SLP (C) D.No. 21451/2024) Page 15 of 26
Corporation vs. Encon Builders9, this Court culled out the
essential ingredients of an arbitration agreement as follows: (a)
there must be a present or future difference in connection with
some contemplated affair; (b) the parties must intend to settle
such difference by a private tribunal; (c) the parties must agree
in writing to be bound by the decision of such tribunal; and (d)
the parties must be ad idem.
The Indian Stamp Act, 1899
Cox And Kings Ltd. vs Sap India Pvt. Ltd. on 6 May, 2022
In Cox and Kings Limited vs. SAP India Private
Limited and another10, a Constitution Bench of this Court
held: