SC held that a dispute can be referred to arbitration even after ...

Discharge Voucher No Bar: Arbitration Possible After Settlement, Tribunal's Jurisdiction Upheld Under Sections 8 and 11

May 8, 2025

Case Laws     Indian Laws     SC

SC held that a dispute can be referred to arbitration even after an insured party signs a discharge voucher. The court emphasized the Kompetenz-Kompetenz doctrine, which allows arbitral tribunals to determine their own jurisdiction. The legislative intent is to minimize judicial intervention at the arbitrator appointment stage. Under Sections 8 and 11 of the Arbitration Act, courts must refer matters to arbitration unless there is a clear prima facie case of non-existence of a valid arbitration agreement. Questions regarding economic duress or partial payment are within the arbitral tribunal's domain. The High Court's order rejecting the arbitration application was set aside, and the appeal was allowed.

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