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DELHI HIGH COURT
NAVIN CHAWLA
Thermal Engineers and Insulators Pvt. Ltd. – Appellant
Versus
Delhi Tourism and Transportation Development Corporation Ltd. – Respondent
| Table of Content |
|---|
| 1. petition filed for arbitration appointment due to payment dispute. (Para 1 , 2 , 3 , 4) |
| 2. arguments concerning maintainability of the arbitration petition. (Para 6) |
| 3. court's observations on arbitration agreement validity. (Para 7 , 8 , 9 , 10 , 11) |
| 4. no impediments in appointing an arbitrator. (Para 12 , 16) |
| 5. court's order appointing arbitrator and clarifications. (Para 13 , 14 , 15 , 17) |
JUDGMENT
Navin Chawla, J. (Oral)
1. This petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (in short, the `Act') seeking the appointment of an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the work of `Construction, Up-gradation and face lifting of Govt. Sarvodaya Co-ed Vidyalaya Sec- 9, Rohini (School ID: 1413010) at Rohini, New Delhi-110085'.
2. The Arbitration Agreement between the parties is contained in Clause 25(ii) of the General Conditions of Contract (in short, `GCC').
3. Disputes having arisen between the parties with regard to the alleged payment due to the petitioner for the above work, the petitioner filed a petition under Section 11 (6) of the Act being ARB. P. No.1097/202
The appointment of an Arbitrator under Section 11(6) requires prima facie consideration of the Arbitration Agreement's existence, not an in-depth examination of disputes, which should be resolved by ....
The court upheld the validity of the arbitration agreement and recognized the petitioner’s adherence to the procedural requirements for arbitration, irrespective of the respondent's claims regarding ....
The court ruled that jurisdiction under Section 11(6A) is limited to assessing the existence and validity of arbitration agreements, with unresolved factual disputes requiring arbitration.
The main legal point established is that for a dispute to be referred to an arbitrator under Section 11(6) of the Arbitration Act, it must arise from the agreement and be arbitrable in nature.
The main legal point established is that the fulfillment of agreed procedures, such as conciliation as a condition precedent, is necessary before invoking the arbitration clause. The Court emphasized....
As per Section 11 (13) of the Act now arbitration is required to be decided within 30 days.
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