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JC - Legal Updates - Courts can decide issues of jurisdiction & non-arbitrability while deciding an application under S.11 of the Arbitration Act

Legal Updates

28 Jul 2022

Courts can decide issues of jurisdiction & non-arbitrability while deciding an application under S.11 of the Arbitration Act

The Hon’ble Supreme Court in Indian Oil Corporation Limited v. NCC Limited in Civil Appeal No. 341 of 2022 passed on 20th July 2022 has observed that though the Arbitral Tribunal may have jurisdiction and authority to decide the disputes including the question of (i) Jurisdiction; (ii) Non-arbitrability; and (iii) whether there has been ‘accord and satisfaction’ of the claims between the parties and/or whether a claim is an excepted /excluded claim i.e. parties have consensually agreed that certain specified disputes will not be the subject of arbitration, the same can also be considered by the Court at the stage of deciding an application filed under Section 11 of the Arbitration and Conciliation Act, 1996 (“the Act”):

(a)   if the facts are clear and glaring; and

(b)   the agreement between the parties provides for the same.


For any further information, please contact Mr. Shubhabrata Chakraborti (shubhabrata.chakraborti@jclex.com) or Ms. Smriti Jha (smriti.jha@jclex.com).