VidhiSangh

Supreme Court of India · 12/05/2025

OFFICE FOR ALTERNATIVE ARCHITECTURE versus IRCON INFRASTRUCTURE AND SERVICES LTD.

[2025] 6 S.C.R. 395 · 2025 INSC 665

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

While appointing an arbitral tribunal under Section 11 of the Arbitration and Conciliation Act, 1996, the High Court excluded certain claims as non-arbitrable 'excepted matters' under the contract. The Court held that Section 11(6A), which remains in force because its omission by the 2019 Amendment Act has not been notified, confines the referral court to examining the existence of an arbitration agreement; having found one, the High Court could not bisect the claims into arbitrable and non-arbitrable parts, and pleas of non-arbitrability are for the arbitral tribunal.

Issues

  1. Whether a court exercising power under Section 11 of the Arbitration and Conciliation Act, 1996 must confine itself to examining the existence of an arbitration agreement.
  2. If so, whether the referral court may nonetheless hold that some claims are non-arbitrable or fall within excepted matters while making the reference.

Provisions considered

Held

Result

Appeal allowed; order of the High Court set aside to the extent it excluded the claims in paragraph 48(ii), (iii) and (iv) of the claim petition; parties at liberty to plead non-arbitrability of particular claims before the arbitral tribunal, which shall decide the plea unaffected by the High Court's observations; no order as to costs.

Judgment PDF: Supreme Court of India, [2025] 6 S.C.R. 395.