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Civil · Reportable judgment

Office for Alternative Architecture vs IRCON Infrastructure and Services Ltd.

Court
Supreme Court of India
Date
13 May 2025
Case No.
Civil Appeal No. 6620 of 2025
Result
Allowed
Bench
Pamidighantam Sri Narasimha, Manoj Misra
Citation
[2025] 6 S.C.R. 395 : 2025 INSC 665
Acts & Sections
Arbitration and Conciliation Act, 1996
Supreme Court Reports [2025] 6 S.C.R. 395 : 2025 INSC 665
Issue for consideration
Whether while exercising power u/s.11 of the Arbitration and Conciliation Act, 1996, the Court has to confine its consideration as to the existence of an arbitration agreement between the parties; If so, whether it would be permissible, while exercising jurisdiction u/s.11, to hold that some of the claims raised are non-arbitrable or fall within excepted category.
Headnote

Arbitration and Conciliation Act, 1996 – s.11 – In a nutshell, the case of the appellant, inter alia, is that while exercising power u/s.11 of the 1996 Act, the Court has to only examine whether the arbitration agreement exists or not and if it exists, an Arbitrator is to be appointed who, thereafter, would decide whether the claims fall within the excepted category or not – Correctness:

Held: Sub-section (6A) of s.11, which was inserted by Act 3 of 2016, with effect from 23.10.2015, makes it clear that while considering an application under sub-section (4) or sub-section (5) or sub-section (6), the Supreme Court or the High Court, as the case may be, shall, notwithstanding any judgment, decree or order of any Court, confine to the examination of the existence of an arbitration agreement – Act 33 of 2019 omitted sub-section (6A) but the amending Act has not been notified thus far – In consequence, sub-section (6A) of s.11 of the 1996 Act remains in the statute book – The High Court fell in error in bisecting the claim of the appellant into two parts, one arbitrable and the other not arbitrable, when it found arbitration agreement to be there for settlement of disputes between the parties – The correct course for the High Court was to leave it open to the party to raise the issue of non-arbitrability of certain claims before the arbitral tribunal, which, if raised, could be considered and decided by it. [Paras 7, 8, 12]

Keywords: Arbitral Tribunal · Exclusion of claims · Non-arbitrable claims · Existence of arbitration agreement · Appointment of an arbitrator · Bisecting claim

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Manoj Misra, J. 1. Leave granted. 2. This appeal impugns the judgment and order of the High Court of Delhi at New Delhi1 dated 06.09.2023 whereby, while appointing an arbitral tribunal in exercise of power under Section 112 of the The High Court 11. Appointment of arbitrators. (1) A person of any nationality may be an arbitrator, unless otherwise agreed by the parties. (2) Subject to sub-section (6), the parties are free to agree on a procedure for appointing the arbitrator or arbitrators. (3) Failing any agreement referred to in sub-section (2), in an arbitration with three a
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