Applicability of Arbitration Clause Must Be Decided by Arbitrator, Not Under Section 11: Delhi High Court

The Delhi High Court held that the question of whether an arbitration clause applies to a dispute must be decided by the arbitrator, not during proceedings under Section 11 of the Arbitration and Conciliation Act, 1996.

Justice Sachin Datta emphasized that courts, at the Section 11 stage, only need to assess the existence of the arbitration agreement, not its applicability.

The Court appointed a sole arbitrator to resolve disputes between parties over a settlement agreement and clarified that deeper contractual issues fall within the arbitrator’s jurisdiction, aligning with the doctrine of kompetenz-kompetenz.