Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / TMI Blogs / RSS

Discharge Voucher No Bar: Arbitration Possible After Settlement, Tribunal's Jurisdiction Upheld Under Sections 8 and 11

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....SC held that a dispute can be referred to arbitration even after an insured party signs a discharge voucher. The court emphasized the Kompetenz-Kompetenz doctrine, which allows arbitral tribunals to determine their own jurisdiction. The legislative intent is to minimize judicial intervention at the arbitrator appointment stage. Under Sections 8 and 11 of the Arbitration Act, courts must refer matters to arbitration unless there is a clear prima facie case of non-existence of a valid arbitration agreement. Questions regarding economic duress or partial payment are within the arbitral tribunal's domain. The High Court's order rejecting the arbitration application was set aside, and the appeal was allowed.....