Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Referral Court Under Section 11 Can't Decide The Arbitrability of Non-Notified Claim: Delhi High Court
The Delhi High Court ruled that a referral court under Section 11 of the Arbitration and Conciliation Act cannot determine the arbitrability of a claim if it has not been specifically notified. The court emphasized that the referral court’s role is limited to deciding on the existence of an arbitration agreement, not on the substantive arbitrability of claims. This decision clarifies the procedural boundaries within arbitration proceedings and ensures that disputes about the nature of claims are addressed in the appropriate forum. The ruling aims to streamline arbitration processes and prevent undue delays in dispute resolution.