Question
In which of the following cases has the Supreme Court
observed that the issue of limitation is a jurisdictional issue which should be decided by the arbitrator in terms of Section 16 of the Arbitration Act and not before the High Court at the pre-reference stage under Section 11 of the Arbitration Act?Solution
Uttarakhand Purv Sainik Kalyan Nigam Ltd. Vs. Northern Coal Field Ltd. In this case, Supreme Court has held that as enshrined in Section 16 of the Arbitration & Conciliation Act, 1996 (Arbitration Act) and the legislative intent to restrict judicial intervention at pre-reference stage, the Supreme Court held that the issue of limitation would be decided by an arbitrator. It also reaffirmed that the legislative intent of the Arbitration Act is party autonomy and minimal judicial interference in the arbitration process. It observed that the regime of the Arbitration Act outlines that once an arbitrator has been appointed, all objections and issues are to be decided by the arbitrator. The Supreme Court observed that the issue of limitation is a jurisdictional issue which should be decided by the arbitrator in terms of Section 16 of the Arbitration Act and not before the High Court at the pre-reference stage under Section 11 of the Arbitration Act. The Supreme Court observed that once the arbitration agreement is not in dispute, all issue including jurisdictional issues are to be decided by the arbitrator.
LAMENTÂ
- Identify the most appropriate ANTONYM of the given word.
Generous Which of the following is an antonym of "excessive"?
Select the opposite word
Yell
Loss of appetite
The act or result of making a condition, injury, etc., worse
Find a word that is the synonym of impoverished
- Choose the alternative which is closest to the opposite in meaning of the bold word in the sentence.
Her meticulous approach ensured the project’... Which of the following is a synonym for "exquisite"?
In the following questions, out of the four alternatives, choose the one which best expresses the meaning of the given word as your answer.
PE...