Section 11 Of Arbitration Act

Patel engineering authoritatively determined the scope and operation of the erstwhile section 11 of the arbitration and conciliation act 1996.

Section 11 of arbitration act. Even though section 11 6a inserted by the 2015 amendment says that courts shall confine to the examination of the existence of an arbitration agreement a fairly large number of categories of cases have evolved in which the court has to look at more than merely the existence of an arbitration agreement. Finally part v will state the concluding remarks of the author. An act to consolidate and amend the law relating to domestic arbitration international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation and for matters connected therewith or incidental thereto.

3 failing any agreement referred to in sub section 2 in an arbitration with three arbitrators each party shall appoint one arbitrator and the two appointed arbitrators shall. This is a petition under section 11 6 of the arbitration and conciliation act hereinafter called the act. In what seems like eons ago a constitution bench of seven judges of the supreme court in the case of sbp co.

Most notably sbp held that the powers exercised by a court while dealing with an application under section 11 are judicial powers and not merely administrative powers as previously held by a three judge bench in konkan. The indian legislature has brought some sweeping changes in the arbitration and conciliation act 1996 the act through the arbitration and conciliation amendment act 2019 and has interalia changed the procedure for appointment of arbitrator under section 11 of the act. 2 subject to sub section 6 the parties are free to agree on a procedure for appointing the arbitrator or arbitrators.

Section 11 of the arbitration act provides for a variety of conditions where the parties are unable or unwilling to constitute an arbitral tribunal. The apparent purpose of this section is to safeguard that any difficulty in constituting the arbitral tribunal does not stay the commencement of the envisioned arbitral proceedings. 1 a person of any nationality may be an arbitrator unless otherwise agreed by the parties.

Part iv of the article discusses the dual test to examine the existence and validity of an arbitration agreement pursuant to section 11 6 of the act and part iv also addresses the changes made to the 2019 act and the recent decisions of the supreme court. The amendment act replaces the authority of courts to appoint arbitrators under section 11 of the act with the new envisaged arbitral institution ai that shall be designated by the supreme court of india or respective. 11 appointment of arbitrators.

Appointment of arbitrators under section 11 the amendment act empowers the supreme court in the case of an international commercial arbitration and the high court in cases other than international commercial arbitration to designate arbitral institutions for the purpose of appointment of arbitrators. Section 11 in the arbitration act 1940 11. While the petitioner is registered under the companies act 1956 the respondent is a company incorporated in seoul south korea with its principle place at seoul.