The High Court noted that, in the award, the arbitrator had come to the conclusion that there existed an agreement along with an arbitration clause.
In this background, Justice Saraf opined that the Court must tread carefully while determining the existence of the arbitral agreement.
“My task of adjudication must be completed while keeping in mind the constraints imposed by law while exercising discretion under Section 48 of the Act, which are to ensure that the court does not (i) re-appreciate evidence, (ii) substitute its own view with that of the arbitrator or (iii) review the matter again.”
Source: Barandbench
