Section 11(6A) of The Arbitration Act

Section 11(6A) was added by The Amendment Act of 2015. Section 3 of The Amendment Act of 2019 insofar as it pertains to the omission of this Sub-Section has not yet been brought into force. The omission of the Sub-Section is not so as to resuscitate the law that was prevailing prior to The Amendment Act of 2015. It is difficult to agree with the reasoning contained in United India Insurance Company Limited v. Antique Art Exports Private Limited, (2019) 5 SCC 362 as Section 11(6A) is confined to the examination of the existence of an Arbitration Agreement and is to be understood in the narrow sense as has been laid down in Duro Felguera, S.A., (2017) 9 SCC 729 [Paragraphs 48 & 59]. We, therefore, overrule United India Insurance Company Limited for not having laid down the correct law.”

Hon’ble Justice R.F. Nariman, M/s. Mayavti Trading Pvt. Ltd. v. Pradyuat Deb Burman, [Civil Appeal No. 7023 of 2019].