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IN THE HIGH COURT OF ORISSA AT CUTTACK
HARISH TANDON
Sendoz Commercial Private Limited – Appellant
Versus
IREL (India) Limited – Respondent
| Table of Content |
|---|
| 1. parties engaged in arbitration over coal supply dispute. (Para 1 , 2 , 3 , 4 , 5) |
| 2. petitioner applies for arbitrator appointment under section 11(6). (Para 6 , 8 , 12) |
| 3. opposite party argues limitation and waiver of claims. (Para 7 , 16 , 21) |
| 4. requirement of tests and dispute resolution under the agreement. (Para 9 , 10) |
| 5. court assesses applicability of limitation to arbitration claims. (Para 13 , 14 , 15 , 18 , 19) |
| 6. court finds claims not ex-facie time-barred, arbitration allowed. (Para 22) |
| 7. appointment of arbitrator and order of disposition. (Para 23 , 24) |
JUDGMENT :
1. An application under Section 11 (6) of the Arbitration and Conciliation Act, 1996 is taken out by the petitioner for appointment of an arbitrator upon invoking the arbitration agreement entered into by and between the parties for supply of the coals after the petitioner having adjudged as a successful bidder in the notice inviting tender floated by the opposite party.
3. The petitioner supplied the coal on diverse dates and raised the invoices in terms of the price agreed upon and the payment was also released by the opposite party from time to time. The dispute arose on supply of 4044.52 MT
The court emphasized that non-acceptance of a quality test report does not bar the initiation of arbitration; limitation for claims arises only upon definitive rejections dictated by binding test res....
The referral court under Section 11 of the Arbitration and Conciliation Act must determine the prima facie existence of an arbitration agreement and appoint an arbitrator if satisfied.
The court affirmed that an arbitration application under Section 11(6) was timely due to the COVID-19 limitation extension and upheld the validity of the arbitration mechanism despite amendments rend....
Point of Law : S.13(2) provides that a party who intends to challenge appointment of an arbitrator shall, within fifteen days after becoming aware of the constitution of the arbitral tribunal or afte....
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 court clarified that post-2015 amendments, its role under Section 11 is limited to verifying the existence of an arbitration agreement, with other issues, including limitation, to be resolved by ....
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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