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The SC upheld the exclusive jurisdiction of the Madhya Pradesh...
SC confirms exclusive jurisdiction of Madhya Pradesh Arbitration Tribunal under 1983 Act over works contract disputes, limits private arbitration under 1996 Act
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The SC upheld the exclusive jurisdiction of the Madhya Pradesh Arbitration Tribunal constituted under the 1983 Act over disputes arising from works contracts involving the State or its instrumentalities, rejecting the maintainability of private arbitration initiated under the Arbitration and Conciliation Act, 1996. It held that the 1996 Act does not override or conflict with the statutory dispute resolution mechanism under the 1983 Act, which bars civil courts and private arbitration in such matters. The Tribunal's jurisdiction extends to both ascertained and unascertained monetary claims, as amended by the legislature to broaden its scope. The High Court's quashing of the private arbitration proceedings was affirmed, emphasizing that parties cannot contract out of statutory obligations enacted for public interest. The appellant was directed to move for recall of the withdrawal order and seek restoration of the original reference petition within two weeks. The appeal was disposed accordingly.
The SC upheld the exclusive jurisdiction of the Madhya Pradesh Arbitration Tribunal constituted under the 1983 Act over disputes arising from works contracts involving the State or its instrumentalities, rejecting the maintainability of private arbitration initiated under the Arbitration and Conciliation Act, 1996. It held that the 1996 Act does not override or conflict with the statutory dispute resolution mechanism under the 1983 Act, which bars civil courts and private arbitration in such matters. The Tribunal's jurisdiction extends to both ascertained and unascertained monetary claims, as amended by the legislature to broaden its scope. The High Court's quashing of the private arbitration proceedings was affirmed, emphasizing that parties cannot contract out of statutory obligations enacted for public interest. The appellant was directed to move for recall of the withdrawal order and seek restoration of the original reference petition within two weeks. The appeal was disposed accordingly.
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