The High Court exceeded its limited jurisdiction u/s 11 of the ...

High Court overstepped limited jurisdiction by delving into factual matrix instead of ascertaining prima facie arbitration agreement.

Case Laws Indian Laws

November 11, 2024

The High Court exceeded its limited jurisdiction u/s 11 of the Arbitration and Conciliation Act, 1996 by undertaking a detailed examination of the factual matrix and assessing the auditor's report, instead of merely ascertaining the prima facie existence of an arbitration agreement. The Supreme Court clarified that the referral courts' limited jurisdiction u/s 11 must not be misused to force parties into costly arbitration, but this does not determine the merits, which the Arbitral Tribunal is rightfully equipped to decide. The Supreme Court allowed the appeal and set aside the High Court's order, reiterating the narrow scope of judicial scrutiny at the Section 11 stage after the 2015 amendment.

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The High Court exceeded its limited jurisdiction u/s 11 of the ...

High Court overstepped limited jurisdiction by delving into factual matrix instead of ascertaining prima facie arbitration agreement.

Case Laws Indian Laws

November 11, 2024

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