Arabian Exports Private Limited vs National Insurance Company Ltd 2025 INSC 630 - S.11(6) Arbitration Act - Kompetenz-Kompetenz
Arbitration and Conciliation Act 1996 - Section 11(6) - SC set aside HC judgment that rejected applications seeking appointment of arbitrator and observed: The question as to whether the applicant was compelled to sign the standardized voucher/advance receipt forwarded to it by the respondent out of economic duress and whether notwithstanding receipt of Rs.1,88,14,146.00 as against the claim of Rs. 5,71,69,554.00 the claim to arbitration is sustainable or not are clearly within the domain of the arbitral tribunal. (Para 41)
Doctrine of Kompetenz-Kompetenz - The doctrine is now firmly embedded in the arbitration jurisprudence in India. This doctrine is based on the principle that an arbitral tribunal is competent to rule on its own jurisdiction including on the issue of existence or validity of an arbitration agreement. The object is to minimize judicial intervention which is an acknowledgment of the concept of party autonomy. (Para 40)
