Strict scope of prima facie enquiry under Section 11 referral applications

The scope of judicial examination under Section 11 of the Arbitration and Conciliation Act, 1996, is strictly confined to a prima facie determination of the existence of an arbitration agreement. Following statutory amendments, including the introduction of Section 11(6A), courts exercising referral jurisdiction are expressly restrained from inquiring into deeper substantive issues or merits of the underlying dispute. The referral court's function is limited to verifying whether a valid arbitration clause exists between the parties before making an appointment. Detailed questions regarding arbitrability, preliminary objections, and procedural timelines belong properly to the arbitral tribunal under Section 16 or to the principal Civil Court under defined provisions. Referral courts must refrain from expanding their enquiry beyond the statutory boundary established by the legislature. The principle of competence-competence ensures that the arbitral tribunal remains the primary adjudicator of its own competence. Consequently, Section 11 cannot be converted into an overarching mechanism for broader judicial intervention. (Jagdeep Chowgule v. Sheela Chowgule & Ors. | 2026 INSC 92)