https://www.taxtmi.com/caselaws?id=761406 At the Section 11 referral stage, the SC held that the court's inquiry is limited to a prima facie check for the existence of an arbitration agreement. It cannot conduct a detailed examination of disputed facts, the merits of the claim, or whether the dispute is frivolous, non-existent, or dishonest; those matters are for the arbitral tribunal, including as a preliminary issue, on pleadings and evidence. Where the arbitration agreement is undisputed, refusal to appoint an arbitrator on a merits-based assessment exceeds the referral court's limited jurisdiction. The refusal to appoint an arbitrator was therefore unsustainable, and the dispute had to be referred to arbitration. en-us Thu, 07 Nov 2024 00:00:00 +0530 Sat, 09 Nov 2024 14:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=761406 At the Section 11 referral stage, the SC held that the court's inquiry is limited to a prima facie check for the existence of an arbitration agreement. It cannot conduct a detailed examination of disputed facts, the merits of the claim, or whether the dispute is frivolous, non-existent, or dishonest; those matters are for the arbitral tribunal, including as a preliminary issue, on pleadings and evidence. Where the arbitration agreement is undisputed, refusal to appoint an arbitrator on a merits-based assessment exceeds the referral court's limited jurisdiction. The refusal to appoint an arbitrator was therefore unsustainable, and the dispute had to be referred to arbitration. Case-Laws Indian Laws Thu, 07 Nov 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=761406