Section 11(6A) of Arbitration Act does not prevent courts from declining reference to arbitral tribunal even if arbitration agreement exists: SC

"Even when an arbitration agreement exists, it would not prevent the Court to decline a prayer for reference if the dispute in question does not correlate to the said agreement," the Court held.

CJI NV Ramana, Justice Surya Kant and SC

Published on:

23 Sep 2021, 8:32 am

2 min read

Section 11 (6A) of the Arbitration and Conciliation Act, 1996 (omitted in 2019) would not prevent the Court to decline a prayer for reference of dispute to arbitral tribunal even if an arbitration agreement exists, if the dispute in question does not correlate to the said agreement, the Supreme Court ruled (DLF Home Developers Ltd. Rajapura Homes Private Ltd).

Loading content, please wait...

Supreme Court of India

Arbitration and Conciliation Act 1996

Appointment of Arbitrators

Section 11(6A), Arbitration and Conciliation Act,1996