Courts Need Not Conduct Detailed Limitation Inquiry Before Appointing Arbitrator: Allahabad High Court

Courts Need Not Conduct Detailed Limitation Inquiry Before Appointing Arbitrator: Allahabad High Court

The Allahabad High Court held that while exercising powers under Section 11(6) of the Arbitration and Conciliation Act, courts are not required to adjudicate whether claims are barred by limitation.

A division bench of Justices Shekhar B. Saraf and Abhdesh Kumar Chaudhary observed that such issues can be examined by the arbitral tribunal under Section 16 of the Act, which empowers the tribunal to rule on its own jurisdiction.

The Court reiterated that the scope of judicial scrutiny at the arbitrator appointment stage is limited and should primarily focus on the existence of a valid arbitration agreement rather than disputed factual issues.

[Rajendra Prasad Singh v. M/s Arch Construction & Ors.]

Read Judgement / 3 hours ago

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