Scope of Section 11 Inquiry, Non-Signatory Assignees, and Limitation in Arbitration References

sketch of the Bombay High Court
Case
Shree Satguru Developers v. Chandrashekhar Champalal Hingarh (Bombay High Court, 07-09-2026)
Law
Arbitration and Conciliation Act.

Highlights of the Judgment:

  • Examination of the limited scope of judicial enquiry under Section 11 of the Arbitration and Conciliation Act, 1996.
  • Analysis of whether a non-signatory subsequent lessee of land is bound by an arbitration clause in a Development Agreement.
  • Clarification on the distinction between the assignment of leasehold property rights and the assignment of underlying contractual obligations.
  • Application of Supreme Court precedents regarding the referral court's prima facie examination versus the arbitral tribunal's jurisdiction.
  • Principles governing the referral of mixed questions of limitation and delay to the Arbitral Tribunal under Section 16.