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ALOK ARADHE
SMS Limited – Appellant
Versus
Uranium Corporation of India Limited – Respondent
ORDER :
1. Mr. Paras Kuhad, learned Senior Counsel representing Mr. Tarun G. Reddy, learned counsel for the applicant. Mr. Vedula Venkataramana, learned Senior Counsel representing Mr. P. Sri Harsha Reddy, learned counsel for the respondent.
2. This arbitration application under Section 11(5) and (6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as, “the Arbitration Act”), has been filed to appoint a nominee arbitrator on behalf of the respondent for adjudication of the claims and disputes between the applicant and the respondent as per Clause 16.2 of Article 16 of the Agreement for Development & Raising Contract between Uranium Corporation of India Limited and SMS Infrastructure Limited (Contractor) for Tummalapalle Project, dated 06.02.2008.
3. Facts leading to filing of this application briefly stated are that the applicant is a Private Limited Company incorporated under the provisions of the Companies Act, 1956. The respondent is also a company registered under the Companies Act, 1956 and is a Public Sector Undertaking under the Department of Atomic Energy, Government of India and has the exclusive rights to undertake activities for mining and processing u
The arbitration clause survives the expiration of the main contract, and issues of limitation must be decided by the Arbitral Tribunal.
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 an application filed under Section 11(6)(C) of the Act, 1996 is barred by limitation if filed after a delay of more than the period of three y....
Arbitration requests must be filed within three years of the cause of action; failure to act in time bars subsequent petitions.
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 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-....
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.
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