In a Section 11 application, the referral court's enquiry is...

In a Section 11 application, the referral court's enquiry is confined to a prima facie determination of the existence of an arbitration agreement, consistent with the legislative policy of minimal judicial intervention at the pre-arbitral stage; contentious questions on authority, capacity, arbitrability, maintainability, or merits must be left to the arbitral tribunal. Whether a consortium member can invoke arbitration in its individual capacity depends on the principal contract and the consortium agreement, requiring detailed examination better suited for the tribunal. Since an arbitration agreement prima facie existed, constitution of the arbitral tribunal was upheld and the appeal was dismissed, leaving all objections open to be decided by the tribunal. - SC

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