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MICHAEL ZOTHANKHUMA
JCL Infra Pvt. Ltd. – Appellant
Versus
Union of India – Respondent
ORDER :
Michael Zothankhuma, J.
1. Heard Mr. F. Hassan, learned counsel for the petitioner. Also heard Mr. H. Gupta, learned CGC for the respondents.
2. This is an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Arbitration Act'), for appointment of an Arbitrator in terms of the Arbitration Clause provided in the Contract Agreement dated 20.07.2010.
3. The petitioner's counsel submits that as per Clause 15.0 of the contract agreement executed between the parties, arbitration and settlement of disputes is to be governed in terms of Clause 63 and 64 of the General Conditions of Contract. He submits that the petitioner had completed the contract work in all respects in the month of June, 2017. However, the security deposit and PVC bill has not been released by the respondents despite submitting letters of release for the same by the petitioner. The petitioner's counsel submits that the petitioner had submitted a letter dated 11.05.2021 for release of the security deposit and PVC bill and as the same has not been acted upon by the respondents, the petitioner submitted letter dated 28.01.2023 to the respondents invoking the Arbi
Claims for arbitration must be raised promptly upon accrual of rights; failure to do so results in dismissal due to limitation.
The Limitation Act, 1963 applies to arbitration claims; an application for an arbitrator appointment must be made within three years from when the right to apply accrues, otherwise, it is time-barred....
Contractual provisions cannot extinguish rights to invoke arbitration beyond lawful limitations set by statute, upholding that timelines for claims start from when notice to arbitrate is issued.
The main legal point established in the judgment is the interpretation of the limitation period for filing an application under Section 11(6) of the Arbitration Act, as clarified by the Supreme Court....
The arbitration application under Section 11(6) was not barred by limitation as it was filed within three years from the date of notice invoking arbitration, factoring delays linked to the Covid-19 e....
The Arbitration and Conciliation Act requires strict adherence to limitation periods for the appointment of arbitrators; delays exceeding three years render petitions ex-facie time-barred.
(1) Limitation Act, 1963 would apply to arbitrations as it applies to proceedings in court.(2) Appointment of Arbitrator – Limitation period for making an application seeking appointment of Arbitrato....
A notice seeking arbitration issued 22 years after the completion of work is time-barred, underscoring the need for timely claims in arbitration proceedings.
The limitation period for seeking the appointment of an arbitrator begins only after a valid notice invoking arbitration is issued, and failure to appoint forfeits the right to do so.
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