Case Law Analysis
|Jammu & Kashmir and Ladakh High Court
Section 11(6) Arbitration Act | Time-Barred Claims Must Be Adjudicated by Arbitral Tribunal, Not Rejected at Referral Stage : J&K & Ladakh HC
The J&K & Ladakh High Court ruled that courts cannot refuse arbitration referrals merely because claims appear time-barred. Only ex facie dead claims may be barred at the referral stage, while all other limitation issues must be decided by the arbitral tribunal. This reinforces the tribunal's exclusive jurisdiction over substantive disputes, including limitation defenses, under the Arbitration and Conciliation Act.