Arbitration & Alternative Dispute Resolution
Arbitration Agreements & Judicial Intervention: The Section 11 Doctrine
M
Managing PartnerManaging Counsel & Partner
28 September 2026•5 min read
Executive Summary & Precedent Context
"Examining the minimal judicial intervention rule when High Courts appoint sole arbitrators under the Arbitration and Conciliation Act."
Balancing Judicial Restraint and Party Autonomy
Section 11 of the Arbitration and Conciliation Act mandates swift reference to arbitration once the existence of a prima facie valid arbitration clause is established.
Evidentiary Scrutiny
Courts refrain from delving into mini-trials at the referral stage, leaving issues of arbitrability and limitation to the arbitral tribunal.
Consult Counsel Regarding This Matter
Need statutory advisory or appellate representation under Arbitration & Alternative Dispute Resolution? Submit a confidential consultation brief.