This newsletter analyses the Supreme Court order which confirms that pre-arbitral jurisdiction of the Supreme Court/High Court under Section 11 of the Arbitration Act is confined to determining the existence of the arbitration agreement.

Brief Facts

The Supreme Court of India (“SC”) in M/s Mayavti Trading Pvt Ltd v. Pradyuat Deb Burman (hereinafter “Mayavti Trading”), refused to exercise extraordinary jurisdiction under Article 136 of the Constitution of India given the facts of the case and dismissed the appeal.

However, since one of the parties, during the course of arguments, relied on the judgment of a Division Bench of the SC in United India Insurance Company Ltd. v. Antique Art Exports Private Limited (hereinafter “United India Insurance”),2 the three-judge bench of the SC took the opportunity to overrule the judgment as not having laid down the correct law.

Contributed by: Ila Kapoor, Partner; Niyati Gandhi, Senior Associate; Vinuta Rayadurg, Senior Associate

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