Section 11 arbitration appointment cannot be recalled on merits; arbitrability and counterclaim objections belong to the tribunal.

In Section 11 arbitration proceedings, the court's inquiry is limited to the existence of an arbitration agreement, the applicant's status as a party to it, and whether the petition is filed before the proper High Court. Issues of arbitrability, including objections to the claim and counterclaim, and the merits of the dispute are for the arbitral tribunal and are not to be finally decided at the appointment stage. Section 5 further restricts judicial intervention, so a substantive review cannot be used to recall or undo a consent-based appointment of an arbitrator where the agreement and invocation are established.

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Issues: Whether the consent-based appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 could be withdrawn and the appointment order recalled on the ground of alleged nondisclosure, and whether the court could examine the arbitrability and merits of the claim and counterclaim at that stage.

Analysis: In a petition under Section 11, the court's role is confined to determining whether an arbitration agreement exists, whether the applicant is a party to it, and whether the application has been made before the proper High Court. Questions such as arbitrability of the dispute and the merits of the claim or counterclaim fall within the domain of the arbitral tribunal and are not to be finally decided at the stage of appointment. The scope of judicial intervention is further restricted by Section 5, and a substantive review on merits is not available to undo an order appointing an arbitrator in these proceedings. The court also noted that the objection based on the supposed inability to arbitrate the counterclaim did not warrant interference at the appointment stage.

Conclusion: The application to withdraw consent and recall the appointment orders was not maintainable and was rejected.

Ratio Decidendi: In proceedings under Section 11 of the Arbitration and Conciliation Act, 1996, the court cannot undertake a substantive review of the appointment order or decide arbitrability on merits, as those issues must ordinarily be left to the arbitral tribunal once the existence of an arbitration agreement and proper invocation are established.

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