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JUDGMENT :
Tashi Rabstan, A.C.J.
1. The instant petition has been filed by the petitioner seeking appointment of an arbitrator by invoking Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short the 'Act')
2. The case set up by the petitioner is that being a Contractor he executed the work Construction of Junction Structure RD (-17) to 100 M of Sumbal Link Channel of USHP-II Kangan on the strength of the allotment letter bearing No.USHP-II/CE/7-Works of 1989 dated 17.06.1989. It is stated that the work was required to be completed within one year i.e. till 31.10.1990 but due to militancy activities and non-cooperation of the department in providing the requisite drawings and the material in time, the work got delayed and was completed on 31.08.2000. It is further stated that after completion of the work, final bill for an amount of Rs.49,37,599/- was submitted in the month of March, 2006, out of which an amount of Rs.27297/- was paid to the petitioner and the balance amount was assured to be released in favour of the petitioner shortly. It is stated that the respondents having failed to release the balance amount in favour of the petitioner, the petitioner through his c
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....
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) Appointment of Arbitrator – Limitation – There is a fine distinction between plea that claims raised are barred by limitation and plea that application for appointment of Arbitrator is barred by ....
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....
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....
The main legal principle established is that the Court should not reject an application for appointment of an arbitrator at the threshold unless the claim is manifestly, ex-facie and hopelessly time-....
Claims withdrawn do not reset the limitation period; the original cause of action's date governs the timeliness of arbitration requests.
The Chief Justice can appoint arbitrators under Section 11 of the Arbitration Act and determine issues of jurisdiction and validity of claims, while disputes over notification receipt are left for re....
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