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PRATEEK JALAN
Shivalaya Construction Co. Pvt. Ltd. – Appellant
Versus
National Insurance Company Ltd. – Respondent
JUDGMENT
Prateek Jalan, J. (Oral)
1. By way of this petition under Section 11 of the Arbitration and Conciliation Act, 1996 ["the Act"], the petitioner seeks appointment of an arbitrator to adjudicate disputes between the parties under an insurance policy bearing No. 370800441710000038, entitled "Contractor All Risk" policy ["the Policy"]. The Policy is for a period of 05.01.2018 to 20.11.2019. Clause 7 of the General Conditions of Contract contains an arbitration clause, which contemplates reference of disputes to a sole arbitrator.
2. The petitioner has made a claim under the Policy, which has been partially accepted by the respondent. The petitioner seeks to raise a dispute as to the balance amount of the claim, in which connection it has invoked the arbitration clause by letters dated 22.06.2022 and 15.02.2023. The respondent replied to the letter dated 22.06.2022 on 21.07.2022, declining reference to arbitration on the ground that the claim has been settled.
3. In these circumstances, the petitioner has approached this Court by way of the present petition under Section 11 of the Act.
4. Notice was issued in this petition on 16.05.2023 and the respondent has also filed a re
The court held that issues of arbitrability can be left to the arbitral tribunal, unless a claim is ex facie barred, and highlighted the limited review to check and protect parties from being forced ....
The Court's power under Section 11(6) is limited to testing the existence of a valid arbitration agreement. The issues pertaining to the quantum of claim and the maintainability of the petitioner's c....
The main legal point established is that disputes regarding the quantum to be paid under an insurance policy, including claims for business interruption, are arbitrable under the Arbitration and Conc....
The court's examination is confined to the existence of an agreement and nothing more, based on the settled legal position that the law prior to the 2015 Amendment has been legislatively overruled.
The main legal principle established is the limited scope of the referral Court's jurisdiction under Section 11(6) of the Act, emphasizing the Court's role in conducting a prima facie examination of ....
The main legal point established in the judgment is that disputes concerning the legal consequences for the non-submission of the survey report within the stipulated period and whether that constitut....
The court determines that consented arbitration is necessary for resolving disputes over quantum under the insurance policy as stipulated in the agreement.
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