https://www.taxtmi.com/caselaws?id=437703 At the Section 11 referral stage, the court must conclusively determine whether a valid arbitration agreement exists, including existence, validity, and privity between the parties, because that issue goes to the root of the referral power. The question cannot be left for the arbitral tribunal to decide, as doing so could compel arbitration without a binding agreement. Non-arbitrability may, in appropriate cases, be examined only prima facie, but the existence and validity of the arbitration agreement require a final threshold determination by the referral court. On that basis, the order referring the disputes to arbitration was set aside and the matter remitted for fresh decision on the arbitration petition. en-us Fri, 12 May 2023 00:00:00 +0530 Wed, 20 Nov 2024 10:05:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=437703 At the Section 11 referral stage, the court must conclusively determine whether a valid arbitration agreement exists, including existence, validity, and privity between the parties, because that issue goes to the root of the referral power. The question cannot be left for the arbitral tribunal to decide, as doing so could compel arbitration without a binding agreement. Non-arbitrability may, in appropriate cases, be examined only prima facie, but the existence and validity of the arbitration agreement require a final threshold determination by the referral court. On that basis, the order referring the disputes to arbitration was set aside and the matter remitted for fresh decision on the arbitration petition. Case-Laws Indian Laws Fri, 12 May 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=437703