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(2025) Law Today Live Doc. Id. 20671 = 2025 INSC 1447 = AIROnline 2025 SC 1232
Decided on: 17.12.2025
Alongwith
SLP (C) NO. 13200 OF 2023
Arbitration and Conciliation Act, 1996 (26 of 1996), Section 11(6) (6A), 16 – Appointment of Arbitrator -- Party's capacity to invoke Arbitration and maintainability issues fall within Arbitration tribunal's domain -- Once the High Court was satisfied that an arbitration agreement prima facie existed, an aspect neither seriously disputed nor refutable at this stage, its decision to constitute the AT cannot be faulted -- A detailed scrutiny on the basis of evidence must be left to AT -- Whether first respondent has validly invoked arbitration individually, whether the Consortium continues to exist, whether consent of other Consortium partners was necessary, and whether claims are maintainable after commencement of liquidation, are all matters which may legitimately be raised, contested and determined before the AT under Section 16 -- Entertaining these questions here would amount to conducting a mini trial at the Section 11 stage, contrary to the settled principles of minimal judicial intervention.
(Para 19)