https://www.taxtmi.com/caselaws?id=783528 At the Section 11 stage, the referral court is confined to a prima facie examination of whether an arbitration agreement exists, and it should not finally decide disputed questions about a consortium member's authority or capacity to invoke arbitration. Issues such as the true parties to the contract, consent of other members, the continuing existence of the consortium, and related maintainability objections involve disputed facts and contractual interpretation, and must ordinarily be left to the arbitral tribunal under Section 16. A detailed inquiry at referral would amount to a mini-trial and conflict with minimal judicial intervention and kompetenz-kompetenz. en-us Wed, 17 Dec 2025 00:00:00 +0530 Thu, 18 Dec 2025 08:01:58 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=783528 At the Section 11 stage, the referral court is confined to a prima facie examination of whether an arbitration agreement exists, and it should not finally decide disputed questions about a consortium member's authority or capacity to invoke arbitration. Issues such as the true parties to the contract, consent of other members, the continuing existence of the consortium, and related maintainability objections involve disputed facts and contractual interpretation, and must ordinarily be left to the arbitral tribunal under Section 16. A detailed inquiry at referral would amount to a mini-trial and conflict with minimal judicial intervention and kompetenz-kompetenz. Case-Laws Indian Laws Wed, 17 Dec 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=783528