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Supreme Court of India 2017-04-19 dismissed

State of West Bengal vs Sarkar & Sarkar

Bench: 3 — Jagdish Singh Khehar

In Brief

The State of West Bengal challenged an arbitrator's appointment, arguing the underlying dispute was not arbitrable. The Supreme Court dismissed the appeal, holding that an arbitrator cannot reopen or challenge a court's appointment order made under Section 11 of the Arbitration and Conciliation Act—such orders are final. Additionally, since the State had voluntarily sought permission to file a counter-claim before the arbitrator, it had submitted itself to the arbitrator's jurisdiction and could not later contest arbitrability. The Court affirmed the High Court's judgment but on different legal grounds.

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Arbitration Jurisdiction of Arbitrator Appointment of Arbitrator Section 11 of Arbitration Act Arbitrability Competence-Competence

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