The word “examine” occurring in Section 11 (6A) of the Arbitration Act intends that the Referral Court has to make a scrutiny for the existence of the arbitration agreement and the said expression does not employ the contested inquiry – Haresh Nagjibhai Ramani and Ors. Vs. Uday Dineshchandra Bhatt and Ors. – Gujarat High Court
November 7, 2024
Hon’ble Gujarat High Court held that the issues non-arbitrability of the dispute or whether the fraud alleged permeates the whole arbitration agreement making it impossible for the arbitral tribunal to adjudicate the dispute are outside the limited scope of inquiry at the pre-referral stage under Section 11 (6) of the Arbitration and Conciliation Act, 1996.