SUPREME COURT: No Division of Claims into Arbitrable & Non-Arbitrable Once Arbitrator is Appointed Under Section 11 of A&C Act

The Supreme Court has held that once an arbitrator is appointed under Section 11 of the Arbitration and Conciliation Act, the claims cannot be segmented into arbitrable and non-arbitrable categories....

The Supreme Court held that while appointing an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, the Court's role is limited to determining the existence of an arbitration agreement. It cannot decide which claims are arbitrable or not at this stage.

In this case, the Delhi High Court had wrongly excluded certain claims as non-arbitrable while appointing the tribunal. The Supreme Court overturned that part of the order, stating such issues should be decided by the arbitral tribunal itself.

The ruling reaffirmed the narrow scope of judicial interference under Section 11, as clarified by amendments in 2015 and upheld in key decisions like Interplay Between Arbitration Agreements... (2024) and SBI General Insurance Co. Ltd. v. Krish Spinning (2024).