https://www.taxtmi.com/caselaws?id=467630 A contract read as a whole may lawfully exclude arbitration for a defined class of disputes, even where a general arbitration clause exists. The court held that the specific clause barring arbitration for claims arising under the default provision prevailed over the broader arbitration clause, so the tribunal lacked jurisdiction to decide that dispute. It also held that a prior Section 11 proceeding only examines the existence of an arbitration agreement and does not finally determine the scope or enforceability of the clause, so it did not bar a later jurisdictional challenge under Section 34. The award was therefore set aside as unsustainable. en-us Wed, 11 Jul 2018 00:00:00 +0530 Fri, 27 Mar 2026 16:08:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=467630 A contract read as a whole may lawfully exclude arbitration for a defined class of disputes, even where a general arbitration clause exists. The court held that the specific clause barring arbitration for claims arising under the default provision prevailed over the broader arbitration clause, so the tribunal lacked jurisdiction to decide that dispute. It also held that a prior Section 11 proceeding only examines the existence of an arbitration agreement and does not finally determine the scope or enforceability of the clause, so it did not bar a later jurisdictional challenge under Section 34. The award was therefore set aside as unsustainable. Case-Laws Indian Laws Wed, 11 Jul 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=467630