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Head Note

The Arbitration and Conciliation Act, 1996  - Section 11

Dispute between who were partners of the firm - Respondent made an application for appointment of arbitrator for deciding dispute between partners on basis of new partnership deed - Appellant alleged that no new partnership deed was signed by him and it was forged document - High Court appointing an arbitrator without deciding validity of arbitration - Order High Court set aside - Held - (i) Before appointing an order Court should first decide the validity of arbitration agreement. (ii) The fact that the allegations of fraud, forgery and fabrication are likely to involve recording of evidence or involve some delay in disposal, are not grounds for refusing to consider the existence of a valid arbitration agreement.

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