https://www.taxtmi.com/caselaws?id=290469 After the 2015 amendment, a court dealing with an application under Section 11 of the Arbitration and Conciliation Act is confined to a prima facie check on whether an arbitration agreement exists. Questions of arbitrability, waiver by participation in a civil suit, forum election, or overlap with pending proceedings are not finally decided at the appointment stage. Filing a written statement may be relevant in Section 8 proceedings or before the arbitral tribunal, but it does not by itself bar appointment where the arbitration agreement is undisputed. The decision distinguishes Sections 8 and 11 and confirms that pendency of related civil litigation does not prevent reference of an independent contractual dispute to arbitration. en-us Tue, 22 Jan 2019 00:00:00 +0530 Mon, 28 Sep 2020 20:50:17 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=290469 After the 2015 amendment, a court dealing with an application under Section 11 of the Arbitration and Conciliation Act is confined to a prima facie check on whether an arbitration agreement exists. Questions of arbitrability, waiver by participation in a civil suit, forum election, or overlap with pending proceedings are not finally decided at the appointment stage. Filing a written statement may be relevant in Section 8 proceedings or before the arbitral tribunal, but it does not by itself bar appointment where the arbitration agreement is undisputed. The decision distinguishes Sections 8 and 11 and confirms that pendency of related civil litigation does not prevent reference of an independent contractual dispute to arbitration. Case-Laws Indian Laws Tue, 22 Jan 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=290469