Arbitration and Conciliation Act, 1996 — Where, under an appointment procedure agreed upon by the parties — Section 11(6) —The Supreme Court has clarified the scope of judicial scrutiny under Section 11(6) of the Act, 1996 — The court held that the court’s role in appointing an arbitrator is limited to examining the existence of an arbitration agreement and not to delve into the merits of the dispute or the validity of the agreement — The court further clarified that the issue of whether a claim is time-barred or not should be left to the arbitrator to decide, and the court should not conduct an intricate enquiry into the same — The court’s role is to ensure that the parties’ intention to resolve disputes through arbitration is upheld, and the legislative intention of minimum judicial interference in arbitral proceedings is given full effect — The court’s decision aims to streamline the position of law and avoid conflicts between different decisions in the future.
2024 INSC 532 SUPREME COURT OF INDIA FULL BENCH SBI GENERAL INSURANCE CO. LTD. — Appellant Vs. KRISH SPINNING — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI., J.B.…