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Supreme Court of India 2019-09-05 other

Mayavti Trading Pvt. Ltd vs Pradyuat Deb Burman

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

This appeal concerns the court's jurisdiction to appoint arbitrators under the Arbitration and Conciliation Act 1996, as amended in 2015 and 2019. The Court held that after the 2015 amendment inserting section 11(6A), courts can only examine whether an arbitration agreement exists—all other preliminary disputes must be examined by the arbitrator. The appointment of arbitrators is now institutional, not judicial. The Court declined to exercise extraordinary power under Article 136 and held that prior law permitting broader court intervention has been legislatively overruled.

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Arbitration Jurisdiction of Courts Appointment of Arbitrators Preliminary Issues Statutory Interpretation

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