The Supreme Court of India held that issues relating to a party’s capacity to invoke arbitration and questions of maintainability fall within the exclusive domain of the Arbitral Tribunal, not the referral court. In APGENCO vs. Tecpro Systems Ltd. & Ors., the dispute arose from an EPC contract awarded to a consortium. Tecpro, a consortium member, invoked arbitration individually, which APGENCO opposed, arguing that only the consortium could do so. The Court reiterated the limited scope of scrutiny under Section 11(6A) of the Arbitration Act, confining courts to a prima facie examination of the existence of an arbitration agreement. Finding such prima facie existence since the arbitration clause in the GCC was incorporated into the purchase orders the Court held that all detailed objections, including whether an individual consortium member could invoke arbitration, must be decided by the Arbitral Tribunal under Section 16 (kompetenz-kompetenz). Accordingly, the appointment of the tribunal was upheld.