|Sikkim High Court
Section 17 Arbitration Act | Arbitration Clause Survives Writ Jurisdiction Under Separability Principle : Sikkim HC
Sikkim High Court reaffirms that an arbitration clause remains enforceable despite contractual invalidity, upholding the separability principle. The court invalidated a contractual restriction on the tribunal's interim powers under Section 17 of the Arbitration and Conciliation Act, 1996, and appointed a former Supreme Court judge as sole arbitrator, reinforcing the autonomy of arbitration agreements.