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

The Supreme Court interpreted Section 45 of the Arbitration and Conciliation Act, 1996, determining that a judicial authority must refer parties to arbitration unless it finds the agreement to be null and void, inoperative, or incapable of being performed. The Court held that the adjudication under Section 45 should be based on a prima facie view of the matter, allowing for the objection to be raised again in the arbitral forum. This interpretation aligns with the Act's intent to facilitate arbitration and reflects international practices regarding arbitration agreements.