Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 15 NOVEMBER 2022

Can Courts Decide The Arbitrability Of A Dispute While Appointing An Arbitrator?

Kachwaha & Partners
Kachwaha & Partners
Contributor
Kachwaha & Partners

Kachwaha & Partners

Founded in 2002, Kachwaha & Partners is a multi-discipline, full service law firm with its main...

View firm profile
Explore more from Kachwaha & Partners

The Hon'ble Supreme Court of India in two recent decisions i.e., Emaar India Ltd. v. Tarun Aggarwal Projects LLP & Anr.

IndiaLitigation, Mediation & Arbitration
Bhavana Chandak
Bhavana Chandak
Author LinkedIn connections

The Hon'ble Supreme Court of India in two recent decisions i.e., Emaar India Ltd. v. Tarun Aggarwal Projects LLP & Anr.1 (Emaar India Case) and VGP Marine Kingdom Pvt. Ltd. & Anr. v. Kay Ellen Arnold2 (VGP Marine Kingdom Case) discussed the power of the Court to conduct a preliminary inquiry while dealing with an application for appointment of arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 (Act).

Emaar India Ltd. v. Tarun Aggarwal Projects LLP & Anr., 2022 SCC OnLine 1328

In the Emaar India Case, the parties entered into an agreement for development of a residential colony. When disputes arose between the parties regarding alleged breach of contract, the parties were unable to appoint an arbitrator and hence approached the High Court for appointment. The High Court appointed an arbitrator and aggrieved by the said order, the appellants approached the Supreme Court.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Decree Execution Under Order XXI CPC – An In-depth Insight

Order XXI of the Code of Civil Procedure, 1908 provides the comprehensive framework for executing decrees in Indian civil litigation. This article examines the procedural mechanisms for decree execution, including filing execution petitions, methods of property attachment, and the legal processes for recovering money decrees through sale of attached assets.
IndiaLitigation, Mediation & Arbitration
Maheshwari & Co. Advocates & Legal Consultants
Maheshwari & Co. Advocates & Legal Consultants
Article

Section 35(3) BNSS Notice Is The Rule, Arrest An Exception For Offences Up To 7 Years: Supreme Court

In Satender Kumar Antil v. Central Bureau of Investigation, 2026 INSC 115, the Supreme Court of India has reiterated and strengthened the safeguards governing arrest under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), holding that issuance of notice under Section 35(3) of the BNSS is the rule in cases involving offences punishable with imprisonment of up to seven years.
IndiaLitigation, Mediation & Arbitration
Vaish Associates Advocates
Vaish Associates Advocates
Article

The Limitation Clock On Money Recovery: Understanding Article 113, Acknowledgment And Extension Under Indian Law

Understanding the critical timelines and legal frameworks governing money recovery suits in India requires navigating the complex interplay between the Limitation Act of 1963 and the Indian Contract Act of 1872. When does the clock actually start ticking on your right to sue, and how can acknowledgments or digital evidence extend or restart that crucial three-year window?
IndiaLitigation, Mediation & Arbitration
Maheshwari & Co. Advocates & Legal Consultants
Maheshwari & Co. Advocates & Legal Consultants
Article

India’s Arbitration Regime: An Overview

India had a prime role in laying the foundation of modern-day arbitration. It was amongst the six Asian nations to have signed the Geneva Convention on the Execution of Foreign Arbitral Awards of 1927. As noted jurist, Mr. F.S. Nariman points out – none from the Americas subscribed to it. Later, in July 1960, India was amongst the 10 original signatories to the New York Convention and the fourth country to ratify the same. The USA ratified the New York Convention a full 10 years later in 1970 and the UK in 1975. China and Singapore ratified the Convention fairly recently, in the mid-1990s
IndiaLitigation, Mediation & Arbitration
Kachwaha & Partners
Kachwaha & Partners