Answer-Under Section 11(6A) of the Arbitration and Conciliation Act, 1996 (inserted by 2015 Amendment), wha...

The 2015 Amendment significantly curtailed judicial intervention in arbitrator appointments under Section 116A, restricting the High Courts role to prima facie verification of the arbitration agreements 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.

Question

Under Section 11(6

A of the Arbitration and Conciliation Act, 1996 (inserted by 2015 Amendment), what is the LIMITED scope of judicial intervention when appointing arbitrators?

A High Court must examine the dispute's merits and validity

B High Court must determine arbitrator's impartiality and independence

C High Court is limited to establishing prima facie existence of arbitration agreement

D High Court must investigate all preliminary jurisdictional issues

E High Court must ensure proper arbitral procedure before appointment

Practice Next