Section 11 courts need only assess the prima facie existence of an arbitration agreement.

The parties entered into Agreement No. 02/EE/(Edu.) M (E&NE) PWD/2021-22 on 26 March 2022, which contained an arbitration clause at Clause 25.

The petitioner stated that it completed the contracted work and received a completion certificate dated 15 November 2025; disputes later arose concerning amounts allegedly payable under the agreement.

After seeking resolution through communications to the respondent, the petitioner issued notices dated 27 May and 25 June 2026 invoking arbitration and seeking appointment of an arbitrator. The respondent rejected the petitioner’s claims on 15 July 2026.

The petitioner then filed this petition under Sections 11(5) and 11(6) of the Arbitration and Conciliation Act, 1996. The respondent accepted notice, and the parties agreed to refer the disputes to arbitration.

Whether a valid arbitration agreement existed between the parties.

Whether the Court should appoint a sole arbitrator to adjudicate the disputes.

Under Sections 11(5) and 11(6) of the Arbitration and Conciliation Act, 1996, the Court’s enquiry at the appointment stage is confined to determining the prima facie existence of an arbitration agreement.

The Court relied on SBI General Insurance Co. Ltd. v. Krish Spinning, 2024 SCC OnLine SC 1754, for this principle.

Clause 25 of the parties’ agreement provided for arbitration of disputes arising out of or relating to the contract.

The appointed arbitrator was required to furnish the disclosures contemplated by Section 12(2) of the Act.

The Court found no dispute regarding the existence of a valid arbitration clause and noted that the parties were ad idem on referring their disputes to arbitration.

Applying the limited prima facie enquiry under Section 11, it found no impediment to appointing a sole arbitrator.

It left all pleas, including objections to arbitrability and jurisdiction, open for determination by the arbitrator.

The arbitrator was directed to enter upon the reference within three weeks and furnish the requisite Section 12(2) disclosures; the arbitration was to be conducted under the aegis of the Delhi International Arbitration Centre (DIAC), with fees as per its Schedule of Fees.

The arbitrator was to decide the disputes independently and on their merits, without being influenced by the Court’s observations.