Preliminary enquiry shall be conducted before deciding whether dispute is arbitrable or not: SC

Emaar India Ltd. Vs Tarun Aggarwal Projects LLP & Anr (Supreme Court of India) Conclusion: In present facts of the case, the Hon’ble Supreme Court of India observed that a preliminary enquiry shall be conducted by the High Court on the issue “whether the dispute is arbitrable or not” while deciding an application made under Section 11(5) & (6) of the Arbitration and Conciliation Act, 1996 for appointment of arbitrators. Facts: In present case of the case, the Appeal was filed against the judgment and order dated 24.12.2021 passed by the High Court of Delhi wherein the High Court ...