M/S. UTTARAKHAND PURV SAINIK KALYAN NIGAM LIMITED versus NORTHERN COAL FIELD LIMITED

M/S. UTTARAKHAND PURV SAINIK KALYAN NIGAM LIMITED versus NORTHERN COAL FIELD LIMITED

The High Court's power at the s.11 stage is limited by the 2015 Amendment to examining whether an arbitration agreement exists. Issues of limitation are jurisdictional and must be decided by the arbitral tribunal under s.16, not by the High Court at the pre-reference stage.

Parties
Petitioner: M/S. Uttarakhad Purv Sainik Kalyan Nigam Limited; Respondent: Northern Coal Field Limited
Jurisdiction
India
Judgment Date
27 November 2019
Procedural Posture
Special Leave Petition (civil) / Disposal After Hearing; Appeal From High Court Order
Outcome
Impugned High Court judgment and order set aside. Matter disposed of.
Legal Topics
S.11 Appointment of Arbitrator, Limitation as Jurisdictional Issue, Kompetenz Kompetenz Doctrine, Pre Reference Judicial Intervention
Arbitration Law Contract Law S.11 Appointment of Arbitrator Limitation as Jurisdictional Issue Kompetenz Kompetenz Doctrine Pre Reference Judicial Intervention

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Parties

M/S. Uttarakhad Purv Sainik Kalyan Nigam Limited

Petitioner

Northern Coal Field Limited

Respondent

Procedural Posture

Special Leave Petition (civil) / Disposal After Hearing; Appeal From High Court Order

Legal Issues

  1. 1 Whether High Court was justified in rejecting the application under s.11 for reference to arbitration on the ground of limitation
  2. 2 Whether limitation is a jurisdictional issue to be decided by the arbitrator under s.16

Ratio Decidendi

The High Court's power at the s.11 stage is limited by the 2015 Amendment to examining whether an arbitration agreement exists. Issues of limitation are jurisdictional and must be decided by the arbitral tribunal under s.16, not by the High Court at the pre-reference stage.

Court Disposition

Impugned High Court judgment and order set aside. Matter disposed of.

Orders

  • Appointment of Mr. Justice (Retd.) A. M. Sapre, Former Judge, Supreme Court of India, as Sole Arbitrator, subject to declarations under s.12 of the Act.
  • Arbitrator to adjudicate dispute including issue of limitation.