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The court observed that as per the recent Supreme Court decision in SBI General Insurance Co. Ltd. versus Krish Spinning, the arbitral tribunal is the preferred first authority to determine questions of arbitrability and jurisdiction, and courts at the referral stage should not delve into contested issues involving complex facts. The respondents raised objections but did not deny the existence of the arbitration agreement invoked by the petitioner, satisfying the requirement of prima facie existence u/s 11 of the Arbitration & Conciliation Act, 1996. Once constituted, the tribunal can consider respondents' objections before adjudicating petitioner's claims. Justice Mohit S. Shah, former Chief Justice of Bombay High Court, was appointed as the sole arbitrator, with fees and modalities to be fixed in consultation with parties. The petition was allowed.
The court observed that as per the recent Supreme Court decision in SBI General Insurance Co. Ltd. versus Krish Spinning, the arbitral tribunal is the preferred first authority to determine questions of arbitrability and jurisdiction, and courts at the referral stage should not delve into contested issues involving complex facts. The respondents raised objections but did not deny the existence of the arbitration agreement invoked by the petitioner, satisfying the requirement of prima facie existence u/s 11 of the Arbitration & Conciliation Act, 1996. Once constituted, the tribunal can consider respondents' objections before adjudicating petitioner's claims. Justice Mohit S. Shah, former Chief Justice of Bombay High Court, was appointed as the sole arbitrator, with fees and modalities to be fixed in consultation with parties. The petition was allowed.
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