https://www.taxtmi.com/caselaws?id=405054 At the Section 11 stage, the court's role is confined to a prima facie scrutiny of the existence and validity of an arbitration agreement, not a conclusive determination. Where the material is disputed or inconclusive, the threshold question of whether a valid arbitration agreement exists should ordinarily be left to the arbitral tribunal. On the facts, the documentary record did not conclusively establish a concluded arbitration agreement, but it was sufficient to justify reference to arbitration. The prior final finding on existence was set aside, while the appointment of the arbitrator was maintained so the tribunal could decide that jurisdictional issue first. en-us Mon, 08 Mar 2021 00:00:00 +0530 Wed, 10 Mar 2021 08:30:08 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=405054 At the Section 11 stage, the court's role is confined to a prima facie scrutiny of the existence and validity of an arbitration agreement, not a conclusive determination. Where the material is disputed or inconclusive, the threshold question of whether a valid arbitration agreement exists should ordinarily be left to the arbitral tribunal. On the facts, the documentary record did not conclusively establish a concluded arbitration agreement, but it was sufficient to justify reference to arbitration. The prior final finding on existence was set aside, while the appointment of the arbitrator was maintained so the tribunal could decide that jurisdictional issue first. Case-Laws Indian Laws Mon, 08 Mar 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=405054