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CHANDRA DHARI SINGH
Metcon India Realty And Infrastructure Pvt. Ltd. – Appellant
Versus
Delhi Metro Rail Corporation Ltd. – Respondent
JUDGMENT
Chandra Dhari Singh, J.
1. The instant petition has been filed by the Petitioner seeking the appointment of an independent Arbitral Tribunal under Section 11(6) of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as "the Act"), and has inter-alia prayed for the following reliefs:
"(a) Appoint the Arbitral Tribunal under Section 11(6) of the Arbitration and Conciliation Act, 1996 to adjudicate disputes between the Petitioner and Respondent; and
(b) Pass such other or further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
FACTUAL MATRIX
2. The Petitioner is a firm engaged in civil contracting, land & property development, and real estate sectors. The Respondent is a Centre-State Joint Venture responsible for operating the Delhi Metro and the scope of its work involves planning and implementation of metro rail, monorail, and high-speed rail projects in India and abroad.
3. The Petitioner, on 08.09.2015, submitted its bid for Contract CC- 95, pertaining to the construction of the viaduct, and roof portal along with finishing the work for the automatic walkaway/travelators at Dhaula Kuan and Rajouri Garden Int
The arbitration agreement is separate and severable from the underlying contract, and the Arbitral Tribunal has the competence to rule on its own jurisdiction, including the existence or validity of ....
The court upheld the Doctrine of Severability and Kompetenz-Kompetenz principle, affirming the independence of the arbitration clause from the main contract and the competence of the arbitral tribuna....
The claims were notified within the stipulated period and submitted along with the final bill in accordance with Clause 6.6.3.0 of the GCC, making the disputes arbitrable under Clause 9.1.0.0.
Claims withdrawn do not reset the limitation period; the original cause of action's date governs the timeliness of arbitration requests.
(1) Arbitration – Parties to arbitration agreement have autonomy to decide not only on procedural law to be followed but also substantive law – A party cannot claim anything more than what is covered....
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