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Jurisdiction of the referral court at pre-referral stage - ...


Referral Court Must Decide Arbitration Agreement Validity Before Arbitration: Section 11(6) of Arbitration Act.

May 13, 2023

Case Laws     Indian Laws     SC

Jurisdiction of the referral court at pre-referral stage - arbitration agreement - If the dispute/issue with respect to the existence and validity of an arbitration agreement is not conclusively and finally decided by the referral court while exercising the pre-referral jurisdiction under Section 11(6) and it is left to the arbitral tribunal, it will be contrary to Section 11(6A) of the Arbitration Act. - SC

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