Even though Section 11(6-A) still exists in the Act meaning thereby that the scope of the Courts would be limited to the examination of the existence of an arbitration agreement, the Courts in recent pronouncements, have enlarged the scope. Three Judges Bench of the Supreme Court in Vidya Drolia and Ors. vs. Durga Trading Corporation has held that the scope of the Court under Sections 8 and 11 of the Act is not only to examine the existence of an arbitration agreement but also to examine the prima facie validity of an arbitration agreement, which includes the examination of the following:
i. Whether the arbitration agreement was in writing? or
ii. Whether the arbitration agreement was contained in exchange of letters, telecommunication, etc.?
iii. Whether the core contractual ingredients qua the arbitration agreement were fulfilled?
iv. On rare occasions, whether the subject matter of dispute is arbitrable?
Source: Barandbench
