when allegations of fraud or forgery are made, decide the issue prior to appointing an arbitrator

Citation

CDJ 2011 SC 801

Bharat rasiklal ashra vs Gautham rasiklal ashra and others

Head Note

Arbitration and Conciliation Act, 1996 - Section 11 - Reference to arbitration - Question of arbitration agreement to be decided first - The question whether there is an arbitration agreement has to be decided only by the Chief Justice or his designate and should not be left to the decision of the arbitral tribunal. This is because the question whether there is arbitration agreement is a jurisdictional issue and unless there is a valid arbitration agreement, the application under section 11 of the Act will not be maintainable and the Chief Justice or his designate will have no jurisdiction to appoint an arbitrator under section 11 of the Act.

Cases Referred:
1. S.B.P. & Co. vs. Patel Engineering Ltd. [2005 (8) SCC 618]
2. National Insurance Co. Ltd. vs. Boghara Polyfab Pvt. Ltd. [2009 (1) SCC 267].

Comparative Citations:
2011 (3) KLT 152 (SN) (C.No.153), 2011 (8) SCJ 782, 2011 AIR(SCW) 5089, 2011 AIR(SC) 3562, 2012 (2) SCC 144, 2012 (1) MLJ 650, 2012 (1) CTC 854, 2012 (4) BCR 463, 2011 (3) CLT 332 (SC), 2011 (6) SLT 556