Topic
Bombay HC holds that a mortgagor discharging a borrower's debt cannot invoke the lender's arbitration clause against the borrower by subrogation, as mere payment does not transfer arbitration rights absent express assignment or a statutory subrogation regime extending to the arbitration agreement.
Delhi HC rules arbitration clause survives final award for subsequent distinct disputes, appointing arbitrator under Section 11(6) for GST reimbursement claim. Court confines Section 11 inquiry to prima facie existence of arbitration agreement, not dispute merits. Decision protects arbitration rights in long-term contracts where fresh claims arise post-award.
The Allahabad High Court reaffirmed that under Section 11(6A), judicial intervention is confined solely to verifying whether an arbitration agreement exists - not evaluating the validity, performance, or termination of the underlying contract. This clarifies that even disputed contract terminations cannot justify judicial scrutiny of merits, reinforcing the pro-arbitration stance of the 2015 Amendment and protecting parties from procedural delays.