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PRATEEK JALAN
Kbg Engineers – Appellant
Versus
Delhi State Industrial And Infrastructure Development Corporation Ltd. – Respondent
JUDGMENT
Prateek Jalan, J. (Oral)--The petitioner has approached this Court under Section 11 of the Arbitration and Conciliation Act, 1996 ["the Act"], for appointment of an arbitrator to adjudicate disputes between the parties under a contract for construction of roads and SW drains at Qutub Vihar, Phase-1, Najafgarh, Matiala. The contract was awarded to it by the respondent-Delhi State Industrial and Infrastructure Development Corporation Limited ["DSIIDC"] vide letter of acceptance dated 14.02.2012, pursuant to a tender issued by the respondent.
2. Notice of this petition was issued on 11.01.2023, and the respondent was granted time to file a reply. Although DSIIDC's reply has not come on record, a copy has been handed up in Court and is taken on record.
3. The contract incorporates Clause 25 of the General Conditions of Contract ["GCC"], which provides for settlement of disputes and arbitration. The relevant parts of the said clause are reproduced below:
"Settlement of Disputes & Arbitration
Except where otherwise provided in the Contract all questions and disputes relating to the meaning of the specifications, design, drawings and instructions herein before mentioned and as to
The Court emphasized the principle of 'when in doubt, do refer' and left the issues of limitation and compliance with the procedure for DRC under Clause 25 for consideration by the arbitrator.
The court emphasized that objections of time-bar and prematurity cannot prevent the constitution of an Arbitral Tribunal, and relied on precedents to appoint a Sole Arbitrator.
The court ruled that claims regarding limitation and the validity of invoking arbitration must be determined by the Arbitral Tribunal, reaffirming the applicability of Article 137 of the Limitation A....
The pre-arbitration procedures under the arbitration clause are not always mandatory, and the court may refer disputes to arbitration if the requisites of arbitrability and notice under the Arbitrati....
Arbitration - Appointment of Arbitrator - Court is not required to examine any other contentious issues regarding the disputes between the parties at the stage of referring the parties to arbitration....
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