Repudiation Of Claims Making Dispute Non-Arbitrable Is For Arbitral Tribunal To Adjudicate Upon, Not Courts At Section 11 Stage: Delhi High Court

The Delhi High Court ruled that the repudiation of claims does not make a dispute non-arbitrable. The court emphasized that it is the arbitration tribunal’s role to adjudicate on such matters, not the courts at the Section 11 stage. The case involved a dispute where one party claimed that the repudiation of claims rendered the arbitration clause inoperative. The court clarified that the tribunal must first determine the arbitrability of the dispute. This ruling reinforces the principle that arbitration tribunals have the primary jurisdiction to decide on the arbitrability of disputes, ensuring that courts do not prematurely intervene in arbitration matters. The decision highlights the importance of allowing arbitration tribunals to exercise their jurisdiction fully before any court intervention, thereby upholding the autonomy of the arbitration process and minimizing judicial interference at the initial stages of arbitration proceedings.