https://www.taxtmi.com/article/detailed?id=12537 Courts exercising pre referral jurisdiction under Section 11(6) must address only the existence of a valid arbitration agreement and arbitrability through a limited prima facie scrutiny; where the 2015 amendment applies, referral courts must conclusively decide validity of the arbitration agreement at the pre referral stage. Contractual appointment mechanisms cannot override statutory disqualification of arbitrators; parties seeking damages must prove actual loss and causal connection, and courts should defer to reasoned arbitral interpretations while applying patent illegality review only where illegality is evident on the award's face. en-us Thu, 18 Apr 2024 12:38:48 +0530 Thu, 18 Apr 2024 12:38:48 +0530 TaxTMI RSS Generator https://www.taxtmi.com/article/detailed?id=12537 Courts exercising pre referral jurisdiction under Section 11(6) must address only the existence of a valid arbitration agreement and arbitrability through a limited prima facie scrutiny; where the 2015 amendment applies, referral courts must conclusively decide validity of the arbitration agreement at the pre referral stage. Contractual appointment mechanisms cannot override statutory disqualification of arbitrators; parties seeking damages must prove actual loss and causal connection, and courts should defer to reasoned arbitral interpretations while applying patent illegality review only where illegality is evident on the award's face. Articles Other Topics Thu, 18 Apr 2024 12:38:48 +0530 https://www.taxtmi.com/article/detailed?id=12537