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RAJ MOHAN SINGH
Extramarks Education India Private Limited – Appellant
Versus
Dis Chain Of Institutions – Respondent
JUDGMENT
Raj Mohan Singh, J. - Petitioner has preferred this petition under Section 11(5) of the Arbitration and Conciliation Act, 1996 read with 'Scheme of Appointment of Arbitrators' for appointment of an Arbitrator to decide the dispute.
2. Petitioner entered into agreements dated 01.04.2011, 21.12.2011, 11.05.2012 and 25.03.2013 with the respondents and agreed to sale, implement, install the hardware and multimedia system accessories for the purpose of setting up 510 Smart Learn Classes at the school premises. Respondents agreed to perform all the obligations under the agreements including the timely clearances of pending dues. The agreements dated 01.04.2011 and 21.12.2011 have the arbitration clause that in case of any dispute in connection with or arising out of agreements or part thereof, the dispute shall be referred to sole Arbitrator to be appointed by the mutual consent of the parties. The venue of the arbitration shall be Jalandhar and the language shall be English. The Courts in Jalandhar shall have the jurisdiction to entertain all the disputes between the parties and fee of the Arbitrator shall be equally shared by both the parties.
3. As per pleadings of the petitione
The issue of limitation is a matter for the Arbitrator to decide, and disputes should be referred to the Arbitrator for resolution.
Claims must be filed within the prescribed limitation period, and failure to do so renders them time-barred and non-arbitrable.
The appointment of an Arbitrator should proceed if there is doubt about the subsistence of the disputes, and objections regarding claims should be left to be determined by the Arbitrator.
Claims withdrawn do not reset the limitation period; the original cause of action's date governs the timeliness of arbitration requests.
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 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.
An application under Section 11 for appointment of an arbitrator is time-barred if filed after three years from the refusal to appoint, with delays not justified.
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