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Subramonium Prasad, J
Jaiprakash Associates Limited – Appellant
Versus
NHPC Limited – Respondent
| Table of Content |
|---|
| 1. factual history regarding project abandonment, arbitration, and the subsequent setting aside of the arbitral award. (Para 1 , 2) |
| 2. parties' contentions on the maintainability of fresh arbitration proceedings under section 11 vs. abuse of process. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 3. scope of section 11 referral court jurisdiction and the threshold for 'deadwood' and non-arbitrability. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. prohibition against re-litigating claims where the initial arbitration findings on merit remain undisturbed. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
JUDGMENT
1. The present Petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter 'Act of 1996') by the Petitioner seeking recommencement of the arbitration and appointment of nominee Arbitrator on behalf of the Respondent to adjudicate upon the disputes which have arisen between the Parties.
2. Shorn of unnecessary details, the facts leading to the present petition are as under:-
i. The Respondent invited bids with regard to execution of Dulhasti Hydro Electric Project on river Chenab at Kishtwar, Jammu a
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