Supreme Court Affirms That Acceptance Of Section 11 A&C Act Order Bars Subsequent Challenge To Arbitration Clause Under Pre-2015 Arbitration Framework

The Supreme Court through its judgment dated 04.02.2026 in M/s Eminent Colonizers Private Limited v. Rajasthan Housing Board & Ors.¹, held that under the pre-2015 amendment regime of the A&C Act, a party which has accepted an order passed under Section 11 appointing an arbitrator cannot subsequently challenge the existence or validity of the arbitration clause either before the arbitral tribunal or in proceedings under Section 34 of the A&C Act.

Supreme Court clarified that under the pre-2015 regime, the court was required to adjudicate jurisdictional issues, including the existence and validity of the arbitration agreement under Section 11 A&C Act, and such determination remained final and binding on the parties at all subsequent stages, including proceedings under Sections 34 and 37 A&C Act.

Footnote

1 Civil Appeal No. 753/2026 of SLP (C) No.8299/2021.

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