Section 11(6) of the Arbitration and Conciliation Act, 1996: Has the Dust Settled?
By
Sidharth Sharma
The question as to whether the power exercised by the Chief Justice under Section 11(6) of the Arbitration and Conciliation Act, 1996 is 'judicial' power has been answered in the affirmative recently by a Seven Judge Bench of the Supreme Court, by overruling its earlier decision in this behalf in Konkan Railway's case. This article examines in detail the statutory provisions punctuated with jurisprudential developments in this behalf.
The nature and scope of the power exercised by Chief Justice under Section 11(6)1 of the Arbitration and Conciliation Act, 1996 (hereinafter the "Act") has been the subject matter of a catena of judicial decisions, A seven-Judge Bench decision of the Supreme Court in the case of S. B. P. and Co. v. Patel Engineering and Ors.2 (hereinafter the "Judgment") has recently held, inter alia, that the power exercised by the Chief Justice of the High Court or the Chief ....