Sunday, 21 February 2016

When application for referring case for arbitration should be made?

On the issue raised by the respondent that there was an Arbitration Clause, therefore, the petitioner should approach the Arbitration Tribunal. It is relevant to note that as per Section 8 of the Arbitration and Conciliation Act, 1966, an application should be filed before the party files its first statement on the substance of the dispute. However, the respondent had filed its counter-affidavit on 08.08.2012 whereas the application under Section 8 of the Act was filed on 07.09.2012. Therefore, since the respondent chose to file its application after filing of its first counter-affidavit, the said application is not maintainable.
Delhi High Court
M/S S.D.Buildwell Pvt.Ltd. vs Rail Land Development Authority on 18 May, 2015

Author: Suresh Kait
Citation;AIR 2016 (NOC)164 DELHI
Read full judgment here;click here
Print Page

No comments:

Post a Comment