Bar U/s of 9(3) of Arbitration Act not applicable if the Court takes up the application before the constitution of the Arbitral Tribunal: SC

In a recent case, the Supreme Court observed that the bar u/s 9(3) of the Arbitration and Conciliation Act will operate only when the application u/s 9(1) was not entertained till the formation of the Arbitral Tribunal. It stated that once an Arbitral Tribunal is formed, the court can’t take up the application u/s 9

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