RISING TIDE Vs. WATERBASE LIMITED R SURESH KUMAR

JUDGEMENT

(1.) The appellant questions the propriety of an order passed under Section 9 of the Arbitration and Conciliation Act, 1996, primarily on the ground that there is no arbitration agreement between the parties.

(2.) It so transpires that the respondent has already approached the appropriate forum under Section 11 of the Act for the constitution of an arbitral tribunal. There is no doubt that the ground which is raised by the appellant herein can be conveniently addressed in course of such proceedings under Section 11 of the Act.

(3.) It is elementary that when an objection is taken regarding the physical existence of an arbitration agreement, such issue has to be somewhat gone into before an order for reference may be made. However, when the physical existence of the arbitration agreement appears to be undisputed and only the efficacy thereof is questioned, that falls within the exclusive domain of the arbitrator to decide, unless the disputes by their very nature are not arbitrable.