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The Supreme Court, in a landmark judgement, held that there cannot be a single arbitration reference for disputes arising out of different agreements, even if all of them form part of an interlinked transaction. In a dispute which arose before the Supreme Court, involving Gangavaram Port Ltd (GPL), M/s Duro Felguera, a Spanish company (DF) and Felguera Graus India Private Ltd the bench comprising Justice R. Banumathi and Justice Kurian Joseph, held that the purpose of separate references for each agreement is to ensure faster disposal of the matter and hence it should be strictly followed. Further as to the dispute of appointment of arbitrator in such cases the court examined the 2015 amendment of section 11 of the Arbitration and Conciliation Act 1996 which speaks about the appointment of arbitrator. The court concluded that power of the Court under section 11 to appoint the arbitrator has been curtailed to expressly state that the Court needs to only examine the existence of arbitration agreement. The legislative intent behind the provision is to minimize courts intervention.
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