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ARTICLE · 20 MAY 2026

Arbitration Updates (April 2026)

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Hammurabi & Solomon Partners
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Hammurabi & Solomon Partners

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The dispute arose out of a works contract wherein the work was completed on 30.07.2000. The Respondent issued a notice invoking arbitration only on 02.06.2022, i.e., after a lapse of more than two decades. The High Court, in proceedings under Section 11 of the Arbitration and Conciliation Act, 1996, held that due to ambiguity in the contract and the absence of a final determination by the Engineer-in-Charge, the claim could not be treated as time-barred and proceeded to appoint an arbitrator.

IndiaLitigation, Mediation & Arbitration

NOTABLE JUDGMENTS APRIL 2026

 

  1. Case Title: State of West Bengal & v. M/S B.B.M. Enterprises [Click here]

Citation: 2026 INSC 358

Decided on: 09.04.2026

Brief Facts:

The dispute arose out of a works contract wherein the work was completed on 30.07.2000. The Respondent issued a notice invoking arbitration only on 02.06.2022, i.e., after a lapse of more than two decades. The High Court, in proceedings under Section 11 of the Arbitration and Conciliation Act, 1996, held that due to ambiguity in the contract and the absence of a final determination by the Engineer-in-Charge, the claim could not be treated as time-barred and proceeded to appoint an arbitrator.

Aggrieved, the State preferred the present appeal before the Supreme Court, challenging the maintainability of such a belated invocation of arbitration.

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