https://www.taxtmi.com/caselaws?id=233790 In Section 11 of the Arbitration and Conciliation Act, 1996, the Chief Justice or designate's inquiry is confined to the existence of an arbitration agreement and other threshold jurisdictional issues; disputed questions such as res judicata, limitation, mala fides, and the merits of the claim are ordinarily for the arbitral tribunal. A res judicata objection requires comparison of earlier and later proceedings and cannot be finally determined at the appointment stage unless the bar is patent. On that basis, the refusal to appoint an arbitrator was held unjustified, and the parties were left free to raise all objections before the arbitrator. en-us Thu, 03 Feb 2011 00:00:00 +0530 Fri, 12 Jun 2015 16:49:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=233790 In Section 11 of the Arbitration and Conciliation Act, 1996, the Chief Justice or designate's inquiry is confined to the existence of an arbitration agreement and other threshold jurisdictional issues; disputed questions such as res judicata, limitation, mala fides, and the merits of the claim are ordinarily for the arbitral tribunal. A res judicata objection requires comparison of earlier and later proceedings and cannot be finally determined at the appointment stage unless the bar is patent. On that basis, the refusal to appoint an arbitrator was held unjustified, and the parties were left free to raise all objections before the arbitrator. Case-Laws Companies Law Thu, 03 Feb 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=233790