Writ Petition Maintainable If Arbitrator Refuses To Entertain Application U/S 3G(5) Of National Highways Act: Kerala High Court

The Kerala High Court ruled on the maintainability of a petition under Article 226, related to an arbitrator's refusal to entertain an application under Section 3G(5) of the National Highways Act. The court clarified that even when an arbitration agreement exists, the jurisdiction of civil courts is not ousted if issues fall outside the arbitration framework. This decision underscores the importance of judicial review in arbitration proceedings, ensuring that disputes involving public law and statutory matters can still be addressed by the court if arbitration proves insufficient for a fair resolution.