Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Delhi HC Allows Invocation Of Arbitration Clause After 10 Yrs, Says That Scope Of S.11(6) Plea Is Limited To Ascertaining Existence Of Agreement
The Delhi High Court allowed arbitration proceedings even after a delay of 10 years, ruling that the scope of Section 11(6) of the Arbitration Act is limited to ascertaining the existence of an arbitration agreement. The case involved a party objecting to arbitration, citing the delay as grounds for dismissal. The court held that the delay does not invalidate the arbitration agreement and directed the proceedings to continue. Legal experts interpret this judgment as reinforcing the principle that arbitration agreements have enduring validity unless expressly terminated. It underscores the judiciary’s commitment to upholding arbitration as a preferred mode of dispute resolution. The decision serves as a reminder for parties to draft arbitration clauses carefully and diligently pursue arbitration to avoid delays that could complicate proceedings.