https://www.taxtmi.com/caselaws?id=247445 Existence and validity of an arbitration agreement under Section 11 of the Arbitration and Conciliation Act, 1996 is a jurisdictional prerequisite that must be decided at the threshold when specifically disputed. Where forgery or fabrication is alleged, the Chief Justice or designate cannot appoint an arbitrator without first determining whether the deed is genuine and whether a valid, enforceable arbitration agreement exists. The court held that such objections go to maintainability of the request for appointment and cannot be left to the arbitral tribunal at the appointment stage. The appointment order was therefore unsustainable, and the matter was remitted for a threshold determination on genuineness and existence of the arbitration agreement. en-us Thu, 25 Aug 2011 00:00:00 +0530 Mon, 12 May 2014 12:13:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=247445 Existence and validity of an arbitration agreement under Section 11 of the Arbitration and Conciliation Act, 1996 is a jurisdictional prerequisite that must be decided at the threshold when specifically disputed. Where forgery or fabrication is alleged, the Chief Justice or designate cannot appoint an arbitrator without first determining whether the deed is genuine and whether a valid, enforceable arbitration agreement exists. The court held that such objections go to maintainability of the request for appointment and cannot be left to the arbitral tribunal at the appointment stage. The appointment order was therefore unsustainable, and the matter was remitted for a threshold determination on genuineness and existence of the arbitration agreement. Case-Laws Companies Law Thu, 25 Aug 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=247445