In a recent judgment of M/s Mayavati Trading Pvt Ltd v Pradyuat Deb Burman, a three-judge bench of the Supreme Court overruled the judgment in United India Insurance Company v Antique Art Exports Private Limited (2019), and held that the court’s power in an application for appointment of arbitrator under section 11 of the Arbitration and Conciliation Act, 1996, is confined only to the examination of the existence of a valid arbitration agreement, and the court cannot decide on the arbitrability of a dispute.
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The dispute digest is compiled by Bhasin & Co, a corporate law firm based in New Delhi. The authors can be contacted at firstname.lastname@example.org. Readers should not act on the basis of this information without seeking professional legal advice.