Please use this identifier to cite or link to this item: http://hdl.handle.net/10739/5185
Title: Court’s refusal to refer parties to arbitration in disputes involving ‘time-barred’ claims: Analysing the BSNL vs. Nortel decision
Authors: Shrivastava, Anujay
O. P. Jindal Global University
Keywords: Arbitration Claim
Judicial Intervention
Judicial Interference
Time- Barred
Issue Date: 2-Sep-2021
Publisher: International Journal of Legal Studies and Research
Citation: Shrivastava, A. (2021). Court’s refusal to refer parties to arbitration in disputes involving ‘time-barred’ claims: Analysing the BSNL vs. Nortel decision. International Journal of Legal Studies and Research, 10(02), 168-182
Abstract: Supreme Court of India in its judgment in BSNL Vs. Nortel, has held that judicial authorities have discretion to refuse referring parties to arbitration under Section 11 of the (amended) Arbitration and Conciliation Act, 1996, if it is found that the claims raised by the applicant party are ex facie ‘time-barred’. The judgment has likewise cautioned that the scope of judicial interference in such circumstances is limited, requiring a court to refer the matter to the arbitral tribunal, whenever it cannot make an ex facie determination of a claim being ‘time-barred’. In this article, I explore the implications of this judgment in detail, highlighting its impact on the Indian arbitration regime, mentioning the earlier precedents not considered by it, and analysing how it impacts the scope of judicial interference in applications for referring parties to arbitration where claims raised by the applicant party are opposed on grounds of being ‘time-barred’.
URI: https://drive.google.com/file/d/1WEhJDl8VoZrLteVhDLUG0sVXtruzfJvZ/view
http://hdl.handle.net/10739/5185
ISSN: 2278-4764
Appears in Collections:JGU Student Research Publications

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