SBP Regime: Once Arbitrator Appointed U/s 11, Validity of Arbitration Clause Cannot Be Reopened U/s 34

Eminent Colonizers Private Limited Vs Rajasthan Housing Board And Ors. (Supreme Court of India) The Supreme Court of India has held that where an arbitrator was appointed under Section 11 of the Arbitration & Conciliation Act, 1996 prior to the 2015 Amendment (SBP & Co. regime), the existence and validity of the arbitration agreement stand conclusively decided, and cannot thereafter be reopened either before the arbitrator or in proceedings u/s 34 or u/s 37. In the present case, disputes arose under construction contracts containing Clause 23, which provided for reference of disputes t...