Alerts & Updates 8th Oct 2021

Supreme Court: Courts can determine “Core Preliminary Issues” within the framework of section 11(6-a) of the Arbitration and Conciliation Act, 1996

Authors

Naresh Thacker Partner | Mumbai

Latest Thought Leadership

News & Media 18th Jul 2024

Byju’s may challenge NCLT’s insolvency proceedings order against its parent

Read More
Alerts & Updates 18th Jul 2024

SEBI Proposes to Launch a New Financial Product

Read More
Alerts & Updates 18th Jul 2024

Should AIFs be registered under GST?

Read More
Alerts & Updates 17th Jul 2024

Pharmaceutical Regulations: A move towards greater transparency and accountability

Read More

In this week’s update, we analyze the decision of the Supreme Court in DLF Home Developers Limited v. Rajpura Homes Private Limited & Another with DLF Home Developers Limited v. Begur OMR Homes Private Ltd. & Another. In an application under section 11 of the Arbitration and Conciliation Act, 1996 (Act), the Supreme Court determined (i) whether the disputes arose from the subject agreements; and (ii) whether the disputes arising from two separate agreements that are interlinked, ought to be consolidated under a composite award.

  • The Supreme Court considered the extent of court intervention under Section 11 (6-A) of the Act and inter alia, observed that courts can determine core preliminary issues within the framework of section 11 (6-A) of the Act.

    Read more