Judicial Scope in Arbitrator Appointments and the Prima Facie Existence of Arbitration Agreements
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Case: Palwinder Singh Samra v. Sukhvinder Singh Samra
Court: Bombay High Court
Date: 02-07-2026
Law: Arbitration and Conciliation Act, Limitation Act, Code of Civil Procedure, Indian Stamp Act.
Highlights of the Judgment:
- Analysis of the limited judicial scope under Section 11 of the Arbitration and Conciliation Act, 1996.
- Application of the "prima facie" test for determining the existence of an arbitration agreement.
- Distinction between limitation for filing an application versus limitation for the substantive claim.
- Interpretation of the competence-competence doctrine regarding allegations of agreement abandonment or destruction.
- The effect of withdrawing a civil suit under the Code of Civil Procedure on subsequent arbitration.
- Review of the Seven-Judge Bench ruling in "Interplay" concerning Referral Court jurisdiction.
- Clarification that intricate evidentiary inquiries must be reserved for the Arbitral Tribunal.