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ASHOK KUMAR GAUR
Sanjeev Brothers – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. arbitration application process (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. disputes around 'no claim certificate' (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. respondent's challenges to arbitration (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 4. court's reasoned evaluation (Para 25 , 26 , 27 , 28 , 29) |
| 5. application of precedents in arbitration (Para 30 , 31 , 32 , 33 , 34) |
| 6. appointment of arbitrator (Para 35 , 36) |
ORDER :
Ashok Kumar Gaur, J. - The instant arbitration application has been filed under Section 11 (5) read with section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator for settlement of the disputes and differences between the parties.
2. Learned counsel for the applicant Mr.Jatin Agarwal submitted that the respondent - Union of India had floated a tender for construction of Platform, FOB, PF, shelter, drain, RRI Building and other Ancillary work including Dismantling of MG Track, Laying of Board Gauge track, spreading of Ballast, tamping, transportation of P.Way material in connection with Jaipur yard remodelling and Jaipur Sikar, GC.
3. Learned counsel submitted that since the applicant was a successful bidder, as such
Scope of judicial review by court while deciding an application under Sections 8 or 11 of Arbitration Act, post amendments by Act 3 of 2016 (with retrospective effect from 23-10-2015) and even post a....
The main legal point established in the judgment is that the limitation for filing an application under Section 11 of the Arbitration Act arises upon the failure to make the appointment of the arbitr....
Arbitration requests must be filed within three years of the cause of action; failure to act in time bars subsequent petitions.
Failure to appoint an arbitrator within the stipulated time results in the loss of the right to make the appointment. Appointment of an arbitrator by an ineligible person is void ab initio.
The main legal point established in the judgment is the application of the Limitation Act, 1963 to arbitration proceedings and the significance of acknowledging claims to extend the period of limitat....
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