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

Ganga Infra Ltd applied to the High Court for appointing an arbitrator. The respondent argues the claim is time-barred and the contract was not validly performed. What is the scope of the High Court's examination at the appointment stage under the text of Section 11?

The High Court must confine itself to examining whether an arbitration agreement exists. Section 11(6A) limits its enquiry at the appointment stage, so issues such as limitation or performance of the contract are not decided by it in this application.

  1. AIt must decide limitation and validity of performance before appointing
  2. BIt must confine itself to examining the existence of an arbitration agreementCorrect
  3. CIt must hold a full trial on the merits of the claim
  4. DIt may refuse appointment whenever any party objects

Explanation

Section 11(6A) directs the court, when considering applications under sub-sections (4), (5) or (6), to confine itself to examining the existence of an arbitration agreement. Limitation and performance questions are not examined at this stage on the text.

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