Category: Competence of arbitral tribunal to rule on its own jurisdiction

Quippo Construction Equipment Limited v Janardan Nirman Pvt. Limited 2020 SCC Online SC 419

     Case Comment by Prashant Mishra , Nishant Gupta

Supreme Court of India | 2-judge bench| UU Lalit and Vineet Saran JJ | 29 April 2020 The Quippo judgment presents a problem of exposition. The primary question was about the jurisdiction of the court to hear a set-aside application against an award. The question was decided on the principle of waiver.

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Categories: Arbitral seat |  Competence of arbitral tribunal to rule on its own jurisdiction |  Determination of seat |  Kompetenz-kompetenz |  Preclusive effect of kompetenz kompetenz |  Seat of arbitration |  Section 16 |  Section 4 |  Waiver of right to object  

The enquiry under Section 11 is limited to examination of the existence of an arbitration agreement; no conflict in Geo Miller case and Uttarakhand Purv Sainik case (Bombay High Court)(14 January 2020)

     Updates by Editor

Shamsuddin v. Now Realty Ventures LLP, 2020 SCC OnLine Bom 100 High Court of Bombay; Single judge bench; G. S. Patel, J.; Decided on 14 January 2020 Prefatory Section 11 (6A) of the Arbitration and Conciliation Act, 1996 (“ACA”) was introduced by the 2015 Amendments. It provides that the Supreme

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Categories: Appointment of arbitrator |  Competence of arbitral tribunal to rule on its own jurisdiction |  Existence of arbitration agreement |  Jurisdiction of arbitral tribunal |  Kompetenz-kompetenz |  Limitation |  Limitation and jurisdictional question |  Section 11 |  Section 11 (6A)  

High Courts can exercise jurisdiction under Article 227 in certain arbitral matters, but with extreme circumspection, considering the statutory policy of the ACA, so that interference is restricted to orders that are passed which are patently lacking in inherent jurisdiction (Supreme Court)

     Updates by Editor

Deep Industries Limited v. Oil and Natural Gas Corporation and another, 2019 SCC OnLine SC 1602 Supreme Court, 3-judge bench, Rohinton Fali Nariman, Aniruddha Bose and V. Ramasubramanian, JJ; decided on 28 November 2019 Article 227 of the Constitution of India gives the High Court the power of superintendence over

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Categories: Appealable orders |  Article 226 |  Article 227 |  Competence of arbitral tribunal to rule on its own jurisdiction |  Interim measures ordered by arbitral tribunal |  Judicial review in arbitration |  Power of superintendence over all courts by the High Court |  Self-contained code |  Special act v. general act |  Speedy disposal |  Time limit  

An issue as to jurisdiction like limitation should be decided by the arbitrator, not court considering an application under Section 11 to appoint arbitrator (Supreme Court of India)

     Updates by Saurabh Tiwari

Uttarakhand Purv Sainik Kalyan Nigam Limited v. Northern Coal Field Limited, 2019 SCC OnLine SC 1518 Supreme Court of India, 2-judge bench, Ajay Rastogi and Indu Malhotra, JJ., decided on 26 November 2019   The petitioner invoked arbitration in September 2016 and later applied to the Madhya Pradesh High Court for appointment

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Categories: 2015 Amendments to section 11 |  Appointment of arbitrator |  Competence of arbitral tribunal to rule on its own jurisdiction |  Existence of arbitration agreement |  Jurisdiction of arbitral tribunal |  Kompetenz-kompetenz |  Limitation |  Limitation and jurisdictional question |  Power of court under section 11