AIR 2017 SUPREME COURT 5070 ::(2017) 6 ArbiLR 1 ::2017 (9) SCC 729 ::(2018) 4 RecCivR 361 ::(2017) 12 Scale 433 ::AIR 2018 SC (Civil) 145 ::2018 (129) ALR SOC 49 (SC) ::(2017) 6 All WC 5781 ::(2018) 2 Mah LJ 553 ::(2018) 183 AllIndCas 105 (SC)

Supreme Court Of India

Hon'ble Judge(s): Kurian Joseph, R. Banumathi , JJ

Arbitration and Conciliation Act (26 of 1996) , S.11(6a), S.7(5)— [as amended by Amendment Act (3 of 2016)] - Existence of arbitration agreement - Constitution of single Arbitral Tribunal - Under S. 11(6A), Supreme Court or High Court has power only to examine existence of arbitration agreement - Once original package split into five different contracts having separate arbitration clause, parties cannot go back to original package or merge them into one - All contracts and Corporate Guarantee, independent of original package and MoU - There cannot be single Arbitral Tribunal for 'International Commercial Arbitration'. AIR 2012 SC (Supp) 1017, Disting. When Original Package has been split-up into five different packages, party is not right in contending that in spite of split-up of work, original Package collectively covered all five packages. After original package was split into five different contracts, parties cannot go back to original package nor can they merge them into one. As per record, there are five separate Letters of Award, contracts, subject-matters, distinct work each containing separate arbitration clause. There cannot be single arbitral tribunal for 'International Commercial Arbitration'. From reading of S. 11(6A), intention of legislature is crystal clear i.e. Court should and need only look into one aspect- ex....