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Appointment Of Arbitrator When Claims Not Covered By GCC Would Cause Wastage Of Resources And Time: Gauhati High Court Dismisses S 11 Application

The Gauhati High Court single bench of Justice Michael Zothankhuma held that while the primary authority to determine non-arbitrability lies with the Arbitral Tribunal, the Court may intervene in .

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Referral Court Has Duty To Conclusively Decide Issue Of Existence & Validity Of Arbitration Agreement Raised At Pre-Referral Stage : Supreme Court

Leaving such issue to be decided by arbitral tribunal violates Section 11(6A) of Arbitration Act.

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Court not expected to act mechanically while exercising jurisdiction under Section 11(6) of Arbitration Act: Supreme Court

The Court was of the view that it is also the duty of the referral court to protect the parties from being forced to arbitrate when the matter is demonstrably non arbitrable.

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