Section 11(6) of The Arbitration Act V

Posted on by Rudrajyoti Nath Ray

Sole Arbitrator was appointed by parties themselves by mutual consent. There was no written agreement/contract containing an Arbitration Clause. Thus, an application under Section 11(6) was not maintainable. Whether Arbitrator’s mandate was terminated under Section 14(1)(a) could not be decided on an application under Section 11(6) and shall have to be considered by Court on an application filed under Section 14(2).

– Hon’ble Justice M.R. Shah, Swadesh Kumar Agarwal v. Dinesh Kumar Agarwal, [Civil Appeal No. 2935-2938 of 2022].

'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.