Today's Business Standard has reported a judgement of the Delhi High Court wherein the court is said to have held in Handicrafts & Handloom Exports Corporation of India v. Ashok Metal Corporation that:
- S 5 is a provision which bars a civil court from entertaining a suit which is the subject matter of arbitration, unless authorised by the Arbitration and Conciliation Act, 1996.
- A civil court cannot go into the question of non-existence of arbitration agreement in a suit for declaration, in view of S 5 as well as the competence of the arbitrators to rule on their own jurisdiction.
We had analysed a case which discussed the same issue in a previous post, wherein we had noted a few judgements which went against the above view.
No comments:
Post a Comment