arbitrator appointment - The Legal Chamber

The Supreme Court held that the Arbitration Act is a self-contained code, limiting judicial interference. Letters Patent Appeals against execution orders under the Act are not maintainable. It mandated the issuance of notice under Order XXI, Rule 22 of the CPC to legal representatives as a jurisdictional prerequisite before proceeding against a deceased judgment debtor's estate. Facts Of The Case: The dispute originated from an arbitral award dated 12.07.2010, passed in favour of the appellant, Bharat Kantilal Dalal, against his late father concerning family assets. After the father's death, the appellant sought to execute the award against his uncle (the father's brother), who was the sole beneficiary and executor under the father's Will. The uncle, along with other respondents, res...

The Supreme Court ruled that under Section 11(6A) of the Arbitration Act, courts must limit their examination to the existence of an arbitration agreement and cannot decide arbitrability or exclude claims as "excepted matters" at the appointment stage. Citing the 7-judge bench in In Re: Interplay and 3-judge bench in SBI General Insurance, it held that arbitral tribunals—not courts—must determine whether claims fall under non-arbitrable categories. The judgment clarifies that courts cannot bifurcate claims into arbitrable/non-arbitrable during arbitrator appointments, ensuring minimal judicial interference at the referral stage. Facts Of The Case: The dispute arose from a contractual agreement between Office for Alternative Architecture (Appellant) and IRCON Infrastructure (Respondent), ...

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Supreme Court Explains: How Legal Representatives Must Be Heard Before Estate Is Attached

“Courts Can’t Decide Arbitrability” Supreme Court Clarifies Arbitrator Appointment Scope Under Section 11 Arbitration Act