Court appointment of arbitrators under India’s 1996 Act: an overreaching approach?

Ila Kapoor and Ritika Sinha, partner and associate at Shardul Amarchand Mangaldas & Co in Delhi, consider the evolving interpretation of section 11 of India’s 1996 Arbitration Act, a controversial provision that has allowed courts to rule on the existence of an arbitration agreement upon being asked to appoint an arbitrator.

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