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CS Professional · Arbitration, Mediation and Conciliation · Arbitration Procedure, Appointment of an Arbitrator and Other Aspects

Anand Infra Ltd applies to a High Court under the appointment provisions for appointing an arbitrator. The respondent, Bharat Roadways, argues that the underlying claim is time-barred and that the contract was already performed. What is the scope of the High Court's examination at this stage?

The High Court must confine itself to examining whether an arbitration agreement exists. Objections such as limitation or prior performance are not decided at the appointment stage, because the Act restricts the court's examination to the existence of the agreement.

  1. AIt must decide limitation and accord and satisfaction before appointing
  2. BIt must confine itself to examining the existence of an arbitration agreementCorrect
  3. CIt must examine the merits of the claim in a preliminary way
  4. DIt must refer the objections to a civil court before appointing

Explanation

Section 11(6A) says the court, while considering an application under sub-section (4), (5) or (6), shall confine itself to examination of the existence of an arbitration agreement. Limitation and performance objections are not for the appointing court at this stage.

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