Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration...
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs p...
Customs-controlled container movement now extends to DP World facilities, subject to segregation, inspections, reconciliation, and EXIM cargo priority...
The SC affirmed that under Section 11(6A) of the Arbitration and Conciliation Act, 1996, the jurisdiction of courts in arbitrability disputes, including allegations of serious fraud or criminality, is strictly limited to examining the existence of an arbitration agreement. The Court reiterated the principle of separability, confirming that the arbitral tribunal, not the court, is empowered to decide on its own jurisdiction and competence. The referral court's scope of inquiry cannot extend to the merits of the underlying dispute or allegations of fraud. Consequently, the appeal challenging the appointment of an arbitrator on grounds of serious fraud was dismissed, emphasizing adherence to the statutory framework that confines judicial scrutiny to the arbitration agreement's validity alone.
The SC affirmed that under Section 11(6A) of the Arbitration and Conciliation Act, 1996, the jurisdiction of courts in arbitrability disputes, including allegations of serious fraud or criminality, is strictly limited to examining the existence of an arbitration agreement. The Court reiterated the principle of separability, confirming that the arbitral tribunal, not the court, is empowered to decide on its own jurisdiction and competence. The referral court's scope of inquiry cannot extend to the merits of the underlying dispute or allegations of fraud. Consequently, the appeal challenging the appointment of an arbitrator on grounds of serious fraud was dismissed, emphasizing adherence to the statutory framework that confines judicial scrutiny to the arbitration agreement's validity alone.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
