Section 11 Appointment: Court's Scope Limited to Arbitration Agreement Existence; Merits Issues for Arbitrator

1. Case Snapshot

• Case Name: Esvinder Singh Partner of Swiss Device (I) vs Chasvinder Singh Partner of Swiss Device (I)

• Citation: Not specifically provided (Delhi High Court, 2026)

• High Court: High Court of Delhi

• Bench: Hon'ble Mr. Justice Sachin Datta

• Date of Decision: July 17, 2026

• Area of Law: Arbitration – Section 11 of Arbitration and Conciliation Act, 1996; Partnership Disputes

2. Judgment in Brief

The Delhi High Court appointed a retired High Court Judge as sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, to adjudicate disputes between partners of a partnership firm. The respondent raised objections regarding dissolution of the partnership firm and limitation. The Court held that the scope of examination under Section 11 is limited to ascertaining the existence of a valid arbitration agreement. Since the arbitration clause in the Partnership Deed was not disputed, the Court appointed the arbitrator. The Court directed the arbitrator to decide the respondent's jurisdictional objections as a preliminary issue before proceeding on merits.

3. Relevant Facts

• The peti

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