SC allowed the appeal, setting aside the HC's partial exclusion ...

Supreme Court Upholds Comprehensive Arbitration Referral, Affirming Tribunal's Discretion to Evaluate Claim Arbitrability Under Section 11

May 16, 2025

Case Laws     Indian Laws     SC

SC allowed the appeal, setting aside the HC's partial exclusion of arbitrable claims. The Court held that the HC erred in bifurcating the claims, determining that the entire dispute should be referred to arbitration. The arbitral tribunal retains discretion to evaluate and decide on the arbitrability of specific claims raised by parties. The decision reinforces the broad interpretative approach under the Arbitration and Conciliation Act, 1996, emphasizing the tribunal's autonomy in addressing jurisdictional challenges. No costs were awarded, leaving parties free to present non-arbitrability arguments during arbitration proceedings.

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