Unless Appointment Of Arbitrator Under Arbitration Clause Is Ex-Facie Valid, Jurisdiction Of Court U/S 11(6) Cannot Be Barred: Rajasthan HC

The Rajasthan High Court ruled that the appointment of an arbitrator cannot be barred if the arbitration clause is ex-facie valid. The court emphasized that its jurisdiction under Section 11(6) of the Arbitration and Conciliation Act cannot be ousted by any agreement between the parties. The case involved a dispute over the validity of an arbitration clause in a contract. The court held that as long as the arbitration clause is prima facie valid, the court has the jurisdiction to appoint an arbitrator. This decision reinforces the principle that parties cannot contract out of the court’s jurisdiction in matters of arbitration. The ruling aims to ensure that arbitration agreements are honored and that disputes are resolved efficiently through arbitration. By upholding the validity of the arbitration clause, the court seeks to promote the use of arbitration as an effective means of dispute resolution.