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JUDGMENT :
Tashi Rabstan, C.J.
1. The instant petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’) is for seeking appointment of an independent sole Arbitrator.
2. The petitioner herein is the Private Limited Company registered with the Registrar of Companies under the Companies Act, 1956 with Mr. Pardeep Jain as is its Managing Director and competent person to represent, file the present petition on behalf of the company being authorized by the Board of Directors in terms of a Board Resolution. The petitioner-company is engaged in the business of construction of buildings and all connected services like roads, Electrification, water supply, Central heating, Air Conditioning etc. and is said to have successfully executed and completed various works. Moreover, the petitioner had acquired work experience and turn over from the execution of the works of similar nature and is registered as SS CLASS Contractor with Index no SS-70.
3. The facts in brief are that in response to a NIT floated by the respondents for Provn. of KLP ACCN at Samba dated 29.03.2017 (Tender Id No. 2017-MES- 113571-1) and subsequently amended and revised ten
The failure to constitute a Dispute Resolution Board in a timely manner waives objections to arbitration, allowing a petitioner to seek appointment of an arbitrator regardless of work completion stat....
The inaction of a party in fulfilling contractual obligations can create a dispute justifying arbitration, despite contractual conditions.
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.
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....
Failure to appoint an arbitrator within the agreed timeframe under Arbitration Agreement allows the court to intervene and appoint an arbitrator under Section 11(6) of the Arbitration and Conciliatio....
Arbitration - Appointment of Arbitrator - Court is not required to examine any other contentious issues regarding the disputes between the parties at the stage of referring the parties to arbitration....
The main legal point established is the applicability of Section 11(6) of the Arbitration and Conciliation Act, 1996, in cases where a party fails to appoint an arbitrator within the stipulated time ....
The main legal point established is that once an application is filed under Section 11(6) of the Arbitration and Conciliation Act 1996, the right of the opposite party to appoint the arbitrator cease....
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