Going Into Merits of the Case Not Imperative For Appointing an Arbitrator

In an arbitration petition by Oyo Hotels And Homes Pvt. Ltd., the High Court of Delhi (‘DHC’) held that when a matter is referred to the Court under section 11 of the Arbitration & Conciliation Act, 1996 (‘A&C Act’), it is not imperative that the Court goes into the merits of the claims, for appointment of an Arbitrator. The Court observed that, “In a petition under Section 11 of the A&C Act, this Court is not to go into the merits of the claim or the counter-claim, if any, of the parties. This Court has to examine as to whether there is an arbitration agreement between the parties and there are any disputes unless ex-facie it is apparent from the record that the disputes are a mere deadwood.