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Head Note

The Arbitration and Conciliation Act, 1996  - Section 11

Arbitration agreement between parties - Dispute between parties cropped up - Petition filed before Supreme Court by one of the parties under Section 11 of 1996 Act for appointment of arbitrator - Opposite party contesting petition on the ground that there was no valid arbitration agreement between the parties - Whether Supreme Court in a petition under Section 11 of 1996 Act is required to determine the existence of an arbitration agreement between the parties? (Yes) - Held, Once existence of arbitration agreement itself is questioned by any party to the proceeding initiated under Section 11 of the Act, same will have to be decided by Chief Justice or his designate.

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