By Udayarkar Rangarajan, Praveenkumar Hiremath

A full bench of the Hon’ble Supreme Court of India (the Court) in the case of United India Insurance Co. Limited v Hyundai Engineering and Construction Co Ltd & Ors (Civil Appeal no 8146 of 2018) has clarified that the observation of the Court in the case of Duro Felguera SA v Gangavaram Port Limited ((2017) 9 SCC 729) (Duro Felguera) with respect to powers of court under the amended Section 11(6-A) of the Arbitration and Conciliation Act, 1996 (the Act) is a ‘general observation about the effect of the amended provision and not specific to the issue’, thus effectively overruling the law laid down in the case of Duro Felguera.