https://www.taxtmi.com/caselaws?id=161404 At the Section 45 pre-reference stage, the court's inquiry is limited to a prima facie assessment of whether an arbitration agreement exists and is not null and void, inoperative, or incapable of being performed. A final determination at that stage is not required because the validity issue may arise again before the arbitral tribunal or at the enforcement stage under Section 48(1)(a), and a conclusive trial would be inefficient, especially where foreign law governs. The parties are therefore to be referred to arbitration if the prima facie standard is satisfied. en-us Fri, 12 Aug 2005 00:00:00 +0530 Fri, 01 Dec 2017 14:59:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=161404 At the Section 45 pre-reference stage, the court's inquiry is limited to a prima facie assessment of whether an arbitration agreement exists and is not null and void, inoperative, or incapable of being performed. A final determination at that stage is not required because the validity issue may arise again before the arbitral tribunal or at the enforcement stage under Section 48(1)(a), and a conclusive trial would be inefficient, especially where foreign law governs. The parties are therefore to be referred to arbitration if the prima facie standard is satisfied. Case-Laws Companies Law Fri, 12 Aug 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=161404