Shin-Etsu Chemical Co. Ltd vs M/S Aksh Optifibre Ltd. & Anr

The Supreme Court addressed the interpretation of Section 45 of the Indian Arbitration and Conciliation Act, 1996, determining whether a court's finding that an arbitration agreement is 'null and void, inoperative or incapable of being performed' should be a final or prima facie view. The Court emphasized the need for clarity in judicial interference with arbitration processes and referenced the Model Law on International Commercial Arbitration and the New York Convention. The judgment ultimately highlighted the ambiguity in Section 45, necessitating careful judicial interpretation without overstepping into final determinations at the pre-reference stage.