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SESSION 9

Challenge to the jurisdiction of an arbitrator – Validity and scope of the arbitration agreement

Speaker, Sharan Jagtiani kickstarted the session by talking about the scope of inquiry under section 11 with help of landmark cases of Konkan Railway Corporation Limited & Ors vs Mehul Construction Company and SBP Company vs Patel Engineering Limited & Anr. Then, he discussed the types of disputes at Section 11 stage including situations where the court can and cannot interfere, and the grey areas. The speaker, with inputs from the Course Director, clarified doubts on the scope of different sections within the Act.

The speaker further explained the participants that ongoing NCLT proceedings cannot provide a defense to the applicability of Section 11. He also highlighted three specific noteworthy judgments closest to the issue in detail – World Sport Group (Mauritius) vs MSM Satellite (Singapore) PTE. Limited, Bina Modi vs Lalit Kumar Modi and Mcdonald’s India Private Limited vs Vikram Bakshi & Ors.

RESOURCE PERSON

Sharan Jagtiani

Senior Advocate, Bombay High Court