When Deciding Application For Appointment Of Arbitrator, Court Cannot Examine Whether Claim Is Barred By Res Judicata: Delhi High Court

The Delhi High Court has clarified the limited scope of judicial intervention in matters concerning the appointment of arbitrators under Section 11 of the Arbitration and Conciliation Act. The court ruled that while appointing arbitrators, it is not within the purview of the court to examine objections based on the principle of res judicata (a matter already decided). Instead, such objections regarding the admissibility or maintainability of claims must be adjudicated upon by the arbitral tribunal itself. This decision aims to streamline the commencement of arbitration proceedings by preventing preliminary and potentially protracted litigation over the merits or prior determination of the underlying claims.