Supreme Court of India
Magic Eye Developers Pvt. Ltd. v. M/s. Green Edge Infrastructure Pvt. Ltd. & Ors. Etc.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
In view of the above and for the reasons stated above, the impugned common judgment and order passed by the High Court in respective Arbitration Petitions, referring the disputes t o arbitration is hereby quashed and set aside.
Judgment, page 9
From the headnote
Arbitration and Conciliation Act, 1996 – Arbitratio n and Conciliation Amendment Act, 2015 – s.11(6) – Pre-re ferral jurisdiction – Before the High Court, appellant rai sed objection with regard to the existence of an arbitration agre ement – High Court/referral court held that the issue of arbitrability o f the dispute can be addressed by Arbitral Tribunal – Thereafter, High Court referred the disputes for arbitration and appointed a arbitrator – On appeal, held: Pre-referral jurisdiction of the court u /s. 11(6) of the Arbitration Act is very narrow and inheres two inquiries – The primary
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