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

The Supreme Court addressed the scope of judicial authority under Section 45 of the Arbitration and Conciliation Act, 1996, emphasizing that a court must provide a reasoned order when refusing to make a reference based on the nullity or inoperativeness of an arbitration agreement. The Court held that a prima facie examination is necessary, and if the request for reference is rejected, the parties must be allowed to present evidence. The matter was remitted to the original court for a fresh decision, aligning with the opinion of Justice Srikrishna.