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ELP – Arbitration weekly update – Mayavti Trading Private Limited v. Pradyaut Deb Burman

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This week, we look at the judgment of the Supreme Court in M/s Mayavti Trading Private Limited v. Pradyaut Deb Burman. In the present case, the Supreme Court dealt with correctness of its recent decision in United India Insurance Company Limited v. Antique Art Exports Private Limited. The said decision, in the context of Section 11 and Section 11(6A) of the Act, held that appointment of an arbitrator was a judicial power and not merely an administrative function leaving some degree of judicial intervention.

Over-ruling its decision in United India Insurance Company Limited case, by placing reliance upon Duro Felguera, S.A. v. Gangavaram Port Limited, the SC held that the power of the Court under Section 11(6A) of the Act was confined only to the examination of the existence of an arbitration agreement and that the same was to be understood in a narrow sense.

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