Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2015 – s.11(6) – Pre-referral jurisdiction Arbitration and Conciliation Act 1996 – Arbitration and Conciliation Amendment Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Arbitration and Conciliation Act, 1996 (26 of 1996) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Arbitration and Conciliation Act, 1996 – Arbitration and Conciliation Amendment Act, 2015 – s. 11(6) – Pre-referral jurisdiction – Before the High Court, appellant raised objection with regard to the existence of an arbitration agreement – High Court/referral court held that the issue of arbitrability of the dispute can be addressed by Arbitral Tribunal – Thereafter, High Court referred the disputes for arbitration and appointed a arbitrator – On appeal, held: Pre-referral jurisdiction of the court u/s. 11(6) of the Arbitration Act is very narrow and inheres two inquiries – The primary inquiry is about the existence and the validity of an arbitration agreement and the Secondary inquiry is with respect to the non-arbitrability of the dispute – The issue of existence and the validity of an arbitration agreement has to be to conclusively and finally decided by the referral court at the referral stage itself and the same should not be left to be determined by the Arbitral Tribunal as it goes to the root of the matter – Furthermore, it is the duty of the referral court to decide the said issue first conclusively to protect the parties from being forced to arbitrate when there does not exist any arbitration agreement and/or when there is no valid arbitration agreement at all – In the instant case, the referral court (High Court) has not decided the said issue conclusively and finally, which ought to have been done by it and Court has left it to be decided by the Arbitral Tribunal – Judgment of High Court quashed and set aside – Matter remitted back to the High Court. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2023 INSC 528 |
Petitioner | Magic Eye Developers Pvt. Ltd. |
Respondent | M/s. Green Edge Infrastructure Pvt. Ltd. & Ors. Etc. |
SCR | [2023] 5 S.C.R. 401 |
Judgement Date | 2023-05-12 |
Case Number | 3634-3637 |
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