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Preliminary enquiry shall be conducted before deciding whether dispute is arbitrable or not: SC
Case Law Details
- Case Name
- Emaar India Ltd. Vs Tarun Aggarwal Projects LLP & Anr (Supreme Court of India)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Supreme Court of India
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Emaar India Ltd. Vs Tarun Aggarwal Projects LLP & Anr (Supreme Court of India)
Conclusion: In present facts of the case, the Hon’ble Supreme Court of India observed that a preliminary enquiry shall be conducted by the High Court on the issue “whether the dispute is arbitrable or not” while deciding an application made under Section 11(5) & (6) of the Arbitration and Conciliation Act, 1996 for appointment of arbitrators.
Facts: In present case of the case, the Appeal was filed against the judgment and order dated 24.12.2021 passed by the High Court of Delhi wherei...
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