Section 11(6A) Arbitration Act 1996 (inserted by 2015 Amendment) limits the scope of judicial inquiry at appointment stage to:
Answer & Solution
Correct answer: D.
1. Section 11(6A) Arbitration and Conciliation Act 1996 (inserted by 2015 Amendment):
2. 'The Supreme Court or, as the case may be, the High Court, while considering any application under sub-sections (4), (5) and (6), shall, notwithstanding any judgment, decree or order of any court, CONFINE TO THE EXAMINATION of the EXISTENCE of an ARBITRATION AGREEMENT.'
3. This NARROWED the scope of court inquiry at the appointment stage.
4. The Supreme Court in VIDYA DROLIA v. DURGA TRADING CORP., (2021) 2 SCC 1 — clarified that arbitrability of disputes can still be examined at this stage in limited cases.
5. INTERPLAY of Section 11(6A) and 16:
6. (i) Section 11(6A) — court at appointment stage examines only existence of arbitration agreement;
7. (ii) Section 16 — arbitrator decides jurisdiction issues (kompetenz-kompetenz);
8. (iii) Pre-2015 — courts engaged in extensive jurisdictional inquiry (SBP & Co. v. Patel Engineering 2005);
9. (iv) Post-2015 — minimal judicial intervention.
10. 2019 Amendment further moved to INSTITUTIONAL appointment of arbitrators.
11. Hence option B is correct.
_Source: Arbitration and Conciliation Act 1996 (Bare Act) + Mediation Act 2023 — Arbitration and Conciliation Act 1996, Section 11(6A) (inserted 2015); Vidya Drolia v Durga Trading (2021)_
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