Scope of Section 11 Scrutiny Limited to Prima Facie Examination of Arbitration Agreement Existence

The Petitioner filed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking the appointment of a Sole Arbitrator based on Clause 24 of a Rent Agreement dated 04.12.2024

The Petitioner invoked arbitration via notice under Section 21 on 09.10.2025

The Respondent opposed the petition, contending that no arbitrable disputes existed between the parties

The underlying value of the dispute is approximately Rs. 25 lakhs

1. Whether the Court, while exercising jurisdiction under Section 11(6) of the Act, can adjudicate upon the existence of "arbitrable disputes" or must confine itself to the existence of the arbitration agreement

2. Whether a Sole Arbitrator should be appointed to resolve the disputes arising from the Rent Agreement

The Court applied Section 11(6) and 11(6-A) of the Arbitration and Conciliation Act, 1996, which governs the appointment of arbitrators

Judicial interference under Section 11 is confined strictly to a prima facie examination of the existence of the arbitration agreement

Issues of "accord and satisfaction," non-arbitrability, or "frivolous disputes" to the Arbitral Tribunal under the principle of competence-competence and Section 16 of the Act

The Court reasoned that its role at the Section 11 stage is purely "facilitative and procedural"

Following the mandate in Krish Spg., the Court held that it must not embark upon a "laborious enquiry" into contested facts or the merits of the dispute, as such actions would undermine arbitral autonomy

Since the existence of the Rent Agreement and the validity of the arbitration clause (Clause 24) were not in doubt, and Section 21 notice was served, the statutory requirements were met

The Respondent's objection regarding the non-existence of arbitrable disputes was dismissed as a matter to be "ruled" upon by the Arbitrator under Section 16, rather than "examined" by the Referral Court

The Court appointed Mr. Kumar Utkarsh, Advocate, as the Sole Arbitrator under the aegis of the Delhi International Arbitration Centre (DIAC)

The Arbitrator is directed to provide disclosures under Section 12(2), and the parties are to share costs equally

All contentions regarding the merits of the claims were kept open for the Arbitrator’s adjudication