Synopsis

This judgment of the Supreme Court of India addresses a foundational issue in arbitration law: whether disputes can be referred to arbitration when the very existence of the arbitration agreement is seriously contested on allegations of forgery and fabrication. The Court, in a partnership dispute, clarified the legal principles governing the "non-arbitrability" of disputes where fraud vitiates the arbitration clause itself, distinguishing such serious allegations from mere contractual fraud.

1. Basic Information of the Judgment

Case Title: Rajia Begum v. Barnali Mukherjee & Ors.; Barnali Mukherjee v. Rajia Begum & Ors.

INSC Citation: 2026 INSC 106

Court: Supreme Court of India

Coram: Justice Alok Aradhe and Justice Pamidighantam Sri Narasimha (Division Bench)

Jurisdiction: Civil Appellate Jurisdiction

Civil Appeal Nos.: @ SLP(C) No. 6013 of 2021 and @ SLP(C) No. 20262 of 2021

Date of Judgment: February 2, 2026

2. Legal Framework and Precedents

Governing Statute:

• The Arbitration and Conciliation Act, 1996 (the "Act").

• Key Provisions:
  Section 8: Power of a judicial authority to refer parties to arbitration if there is a valid arbitration agreement.
  Section 9: Interim measures by the court before or during arbitral proceedings.
  Section 11: Appointment of arbitrators by the court.

Key Legal Issue: The arbitrability of disputes involving serio

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