Topic

prima facie existence

2 articlesLatest May 2026
Section 11 Arbitration Act | Prima Facie Existence of Agreement Sufficient for Arbitrator Appointment; Forgery & Stamp Duty Objections Deferred : MP HC Indore
Case Law Analysis
|Madhya Pradesh High Court

Section 11 Arbitration Act | Prima Facie Existence of Agreement Sufficient for Arbitrator Appointment; Forgery & Stamp Duty Objections Deferred : MP HC Indore

The Madhya Pradesh High Court ruled that under Section 11 of the Arbitration Act, courts must limit their inquiry to the prima facie existence of an arbitration agreement at the appointment stage. Substantive objections-such as forgery, lack of authority, or stamp duty deficiencies-are to be adjudicated by the arbitrator, not the court, streamlining the arbitration referral process for commercial disputes.

Section 11 Arbitration Act | LOI Referencing Tender Docs Does Not Incorporate Arbitration Clause Without Explicit Language : SC
Case Law Analysis
|Supreme Court of India

Section 11 Arbitration Act | LOI Referencing Tender Docs Does Not Incorporate Arbitration Clause Without Explicit Language : SC

The Supreme Court has ruled that a Letter of Intent merely referencing tender documents cannot be construed as incorporating their arbitration clause unless explicitly stated. This clarifies the threshold for prima facie existence of an arbitration agreement under Section 11, impacting contractors, public utilities, and tender processes nationwide where LOIs are routinely issued before formal contracts.

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