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].

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The 2019 Amendment Act has deleted Sub-Section (6A) in Section 11. Sub-Section (6A) continues to remain and governs the scope of power under Section 11 for the present.

Hon’ble Justice Indu Malhotra, Bharat Sanchar Nigam Ltd. v. M/s. Nortel Networks India Pvt. Ltd., [Civil Appeal Nos. 843-844 of 2021] decided on 10.03.2020.