Jurisdiction(s):
United Kingdom

Indian Supreme Court: no review of s 11 appointments; court functus officio; severability preserves arbitration; s 4 conduct waiver distinct from s 12(5) written waiver; dilatory tactics rebuked

Published on: 25 February 2026

Published by a LexisNexis Arbitration expert

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Hindustan Construction Company Ltd Through Its Authorised Signatory Yogesh Dalal Versus Bihar Rajya Pul Nirman Nigam Limited And Others ( 2025 INSC 1365)

What are the practical implications of this case?

This ruling delineates the limits of judicial involvement in s 11 proceedings: courts lack jurisdiction to revisit orders made under s 11 of the Act and are confined to a prima facie check of whether an arbitration agreement exists. The court underlined that, once an arbitrator is appointed, it becomes functus officio and cannot sit in judgement on the very point it has already resolved. This demarcation means s 11 orders are not amenable to review, the Act permitting only a threshold examination of the agreement to arbitrate. Accordingly, parties are warned against deploying litigation as a delaying ploy—such as seeking review of s 11 appointment orders—with the prospect of imposition of costs and, notably, personal accountability for public officers, highlighting that they are guardians of public faith rather than mere administrators. The court also reaffirmed that arbitration clauses do not fail merely because the appointment mechanism is defective but severable; offending portions can be severed, preserving the parties’ intention to arbitrate...

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