Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitration and Conciliation Act Termination of contract |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Arbitration and Conciliation Act, 1996: s.11(6) - Jurisdiction of arbitrator to entertain the dispute - Agreement for construction of Loco shed - Termination of contract - Arbitration application u/s.11(6) by respondent - Appointment of former judge as arbitrator - Full participation of appellant - Award by arbitrator - s.34 application by appellant for setting aside of award - Dismissed by High Court - On appeal, held: Although in the instant case, arbitration agreement provided for appointment of two arbitrators and an Umpire, however, in view of repeal of Arbitration Act, 1940 by Arbitration Act, 1996, the provision in the arbitration agreement for appointment of two arbitrators and an Umpire had become redundant - Appointment of former judge as arbitrator was not challenged by the appellant and, therefore, the same became final and binding - This apart, appellant failed to raise objection regarding lack of jurisdiction of the Arbitral Tribunal before the arbitrator - Appellant not only filed the statement of defence but also raised a counter claim against the respondent and. therefore, objection is deemed to have been waived in view of the provisions contained in s.4 r/w s.16 of the Arbitration Act, 1996 - s.16 provides that the Arbitral Tribunal may rule on its own jurisdiction and clearly recognizes the principle of kompetenz-kompetenz - s.16(2) mandates that a plea that the Arbitral Tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defence - s.4. provides that a party who knows that any requirement under the arbitration agreement has not been complied with and yet proceeds with the arbitration without stating his objection to such non-compliance without undue delay shall be deemed to have waived his right to so object - High Court rightly held that the appellant having failed to raise the plea of jurisdiction before the Arbitral Tribunal cannot be permitted to raise the plea before it for the first time - Doctrine/Principle - Principle of kompetenz-kompetenz. |
Judge | N/A |
Neutral Citation | 2014 INSC 106 |
Petitioner | Union Of India |
Respondent | M/s Pam Development Pvt. Ltd. |
SCR | [2014] 1 S.C.R. 1069 |
Judgement Date | 2014-02-18 |
Case Number | 5618 |
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