Question
Under Section 11(6A) of the Arbitration and Conciliation
Act, 1996 (inserted by 2015 Amendment), what is the LIMITED scope of judicial intervention when appointing arbitrators?Solution
The 2015 Amendment significantly curtailed judicial intervention in arbitrator appointments under Section 11(6A), restricting the High Court's role to prima facie verification of the arbitration agreement's existence. This amendment embodies the kompetenz-kompetenz principle, allowing arbitral tribunals to determine their own jurisdiction. The court cannot examine merits, dispute arbitrability, arbitrator bias, or procedural irregularities during appointment. Detailed examination of such issues is deferred to the arbitral tribunal and post-award judicial review. This promotes minimal court interference, expedites arbitration, and aligns Indian law with global arbitration standards favoring party autonomy.
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