The observations made in an order deciding an application under Section 11 of the Arbitration and Conciliation Act, 1996, cannot be construed as a final determination on the issue of limitation – Home and Soul Pvt. Ltd. Erstwhile Known as Vertical Limits Infratech Pvt. Ltd. Vs. T.V. Today Network Ltd. Erstwhile Known as Mail Today Newspapers Pvt. Ltd. – Delhi High Court
Hon’ble Delhi High Court held that the order under Section 11 is passed at a preliminary stage, where the disputes sought to be referred to arbitration are broadly outlined. It is only during the arbitration proceedings, when the statement of claims and counterclaims are presented, that the foundation facts fully emerge for consideration.