Arbitration Act: Section 11 jurisdiction not a mere cosmetic exercise to examine existence of agreement: Calcutta High Court

In a Section 11 application, the Court is not supposed to undertake a "meager cosmetic exercise to examine the existence and/or validity of the arbitration agreement", the Court said.
Calcutta High Court
Calcutta High Court

The jurisdiction of a Court under Section 11 of the Arbitration and Conciliation Act, 1996 (Act) is not limited to simply examining whether a valid arbitration agreement exists and then referring every such case to arbitration, the Calcutta High Court observed on Thursday. [BK Consortium Engineers Private Limited v. Indian Institute of Management, Calcutta]

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