Concessional penalty for search-disclosed unreconciled jewellery applies where substantive disclosure conditions are met despite omission from origina...
SC allowed the appeal, setting aside the HC's partial exclusion of arbitrable claims. The Court held that the HC erred in bifurcating the claims, determining that the entire dispute should be referred to arbitration. The arbitral tribunal retains discretion to evaluate and decide on the arbitrability of specific claims raised by parties. The decision reinforces the broad interpretative approach under the Arbitration and Conciliation Act, 1996, emphasizing the tribunal's autonomy in addressing jurisdictional challenges. No costs were awarded, leaving parties free to present non-arbitrability arguments during arbitration proceedings.
SC allowed the appeal, setting aside the HC's partial exclusion of arbitrable claims. The Court held that the HC erred in bifurcating the claims, determining that the entire dispute should be referred to arbitration. The arbitral tribunal retains discretion to evaluate and decide on the arbitrability of specific claims raised by parties. The decision reinforces the broad interpretative approach under the Arbitration and Conciliation Act, 1996, emphasizing the tribunal's autonomy in addressing jurisdictional challenges. No costs were awarded, leaving parties free to present non-arbitrability arguments during arbitration proceedings.
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