#referral court

Bombay High Court clarifies that under Section 11 of the Arbitration Act, the referral court’s jurisdiction is strictly limited to verifying the prima facie existence of an arbitration agreement. Issues like limitation, abandonment, or merits of the dispute must be left to the arbitral tribunal, reinforcing minimal judicial intervention in arbitration referrals.

The J&K High Court has ruled that courts must not refuse arbitration appointments merely because a claim appears time-barred - limitation issues are for the arbitrator to decide, and the period spent litigating in the wrong forum may be excluded under Section 14 of the Limitation Act. This empowers parties to bypass procedural delays and ensures arbitrability is preserved unless the limitation defense is unmistakably clear on the face of the pleadings.