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DELHI HIGH COURT
C.HARI SHANKAR
North East Engineering and Construction – Appellant
Versus
Brahmaputra Cracker and Polymer Limited – Respondent
| Table of Content |
|---|
| 1. petition for arbitration reference. (Para 1) |
| 2. factual background of the contract. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. arguments about claims' arbitrability. (Para 11 , 12 , 13 , 14 , 16) |
| 4. ratio regarding arbitration procedures. (Para 15 , 20) |
| 5. court's examination of arbitrability. (Para 17 , 21 , 24 , 29 , 34) |
| 6. conclusion on referring disputes to arbitration. (Para 35 , 36 , 37 , 38 , 39 , 40 , 41) |
(Video-Conferencing)
1. This is a petition under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "1996 Act"), seeking reference of certain disputes, pending between the petitioner and the respondent, to arbitration. The claims, of which the petitioner seeks reference, are nine in number and have been enumerated in the petition thus:
"I. Claim no. I - Refund of encashed Bank Guarantee amounting to Rs.2,10,00,000/- with interest @18% per annum from 06.09.2016 till realization.
II. Claim no. II - Payment of the amount of Rs. 5,95,56,611.51 due against 30th R/A and Final Bill with interest @18% per Annum from 13.04.2017 (60 days after the date of submission of 30th R/A & Final Bill on 13.02.2017) till rea
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