Supreme Court of India
Brij Raj Oberoi v. The Secretary, Tourism and Civil Aviation Department & Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We hold that the expression “existence of an arbitration agreement” in Section 11 of the Arbitration Act, would include aspect of validity of an arbitration agreement, albeit the court at the referral stage would apply 1 (2021) 2 SCC 1 89 the prima facie test on the basis of principles set out in this judgment.
Judgment, page 11
From the headnote
Arbitration and Conciliation Act, 1996: s. 11(6) – Appointment of an arbitrator – On facts, issue as regards reference of dispute pertaining to lease deed between the parties, to the arbitrator – Held: Clauses in a lease deed cannot be read and construed in isolation – Lease deed is to be construed as a whole – All disputes between the parties to the lease with regard to renewal and/or non- renewal, the period of renewal and the quantum of rent would have be decided by the Arbitrator – Issue of arbitrability of the dipsute over non-renewal of the lease is within the realm of the arbitral…
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