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

Kapoor Pharma Ltd applies to the High Court under section 11 for appointing an arbitrator. Kapoor's counterparty argues that the claim is time-barred and the contract was partly performed. Under section 11(6A), what must the High Court confine itself to examining?

The High Court, when deciding an application for appointing an arbitrator, must confine itself to examining whether an arbitration agreement exists. Questions such as limitation, performance or merits are not for it at that stage.

  1. AThe existence of an arbitration agreementCorrect
  2. BWhether the claim is within limitation
  3. CThe merits of the underlying dispute
  4. DWhether the contract was fully performed

Explanation

Section 11(6A) directs the court, notwithstanding any judgment, decree or order of any court, to confine itself to examining the existence of an arbitration agreement. Limitation and merits are left to the tribunal.

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