Referral Court Need Only Prima Facie Satisfy Existence of Arbitration Agreement; Issue of Individual Consortium Member’s Right to Invoke Arbitration Left to Tribunal: Supreme Court

The Supreme Court of India has held that a referral court exercising jurisdiction under Section 11(6) of the Arbitration and Conciliation Act, 1996, is only required to be prima facie satisfied regarding the existence of an arbitration agreement. The Court clarified that complex questions, such as whether an individual member of a consortium can unilaterally

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