
Petition U/S 11 Of Arbitration Act Is Maintainable If Statutory Remedy Before Invoking Arbitration Clause Is Exhausted: J&K And Ladakh HC
Live LawThe Jammu & Kashmir and Ladakh High Court bench of Chief Justice Tashi Rabstan has held that once the statutory remedy under contract is exhausted, arbitration clause can be invoked and appointment of the arbitrator can be sought under section 11 of the Arbitration Act.In this case, the respondent had to constitute Dispute resolution Board within 30 days after execution of the contract for resolving any dispute arising between the parties but no DRB was constituted. The court after perusing the relevant clauses of the agreement noted that as per the relevant clause of Special Conditions of Dispute Resolution Board, the respondents were under an obligation to constitute a DRB and intimate the same to the petitioner-contractor within a specified period of time, i.e., one month. The court further noted that this court in M/s Mohindra Bros versus Union of India & others, 2012 has held that even if there is a prohibition of seeking reference under the arbitration clause till the completion of the work, such condition would not come into play after the period of contract has expired. The court noted that the reference of the notice invoking arbitration letter of the claimant in respondents' letter dated 20.01.2024 clearly demonstrate that a notice invoking arbitration was duly served upon and replied too.
History of this topic

Termination Of Mandate Of Arbitral Tribunal Results In Waste Of Time, Resources And Money, Court Allowed Petition U/S 29A (4) And (5) Of Arbitration Act: Delhi High Court
Live Law
Section 29A Of Arbitration & Conciliation Act, 1996: Complications More Than Cure
Live Law
Petition U/S 11 Of Arbitration Act Cannot Be Entertained After Lapse Of 3 Yrs From Date Of Cause Of Action Arising: J&K High Court
Live Law![Arbitration Weekly Round-Up [18th November To 24th November, 2024]](/static/images/error.jpg)
Arbitration Weekly Round-Up [18th November To 24th November, 2024]
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Jammu & Kashmir And Ladakh High Court Weekly Round-Up: November 18 - November 24, 2024
Live Law
Fresh Arbitrator Can Be Appointed By Court U/S 14 Of Arbitration Act If Proposed Arbitrator Is Ineligible U/S 12(5): J&K And Ladakh HC
Live Law
Pre-Requirement Of Conciliation Before Invoking Arbitration Can't Prevent Filing Of Application U/S 11 Of Arbitration Act: Delhi High Court
Live Law
Party Can Waive Arbitrator's Ineligibility U/S 12(5) Of Arbitration Act By Express Agreement In Writing: Bombay High Court
Live Law
Clause Captioned As “Arbitration”, Doesn’t Conclusively Imply Mandatory Nature Of Arbitration: Bombay High Court
Live Law
Arbitration Clause, Effect Of Novation; Can't Be Decided Under Section 11 Of A&C Act: Karnataka High Court
Live Law
Existence Of Arbitration Agreement Can Be Presumed If No Denial Is Made In The Reply: Karnataka High Court
Live Law
Supplementary Agreement Rescinding Arbitration Clause; Whether Agreement Contrary To Law, To Be Decided By Arbitrator: Delhi High Court
Live Law
Arbitration Reference Not Maintainable If Filed After Admission Of Insolvency Resolution Petition U/s 7 IBC: Supreme Court
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