The bench headed by Justice Prateek Jalan in the case held that this occurs when the limitation bar is clearly evident from the petition and accompanying documents.
The Court in the case held that the court's role is solely to establish the prima facie presence of an arbitration agreement.
Further, the court held that the final determination, which includes the limitation matters, is deferred to the arbitral tribunal, as agreed upon by the parties.
FACTS OF THE CASE:
The present matter pertains to an agreement which incorporated an arbitration clause, the clause 13 which stipulated that all disputes concerning the Agreement shall be resolved through arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, with New Delhi designated as the place of arbitration.
この記事は The Business Guardian の May 13, 2024 版に掲載されています。
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この記事は The Business Guardian の May 13, 2024 版に掲載されています。
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