In Brief
A contractor sought arbitration against a coal company for disputed payments under a security services contract. The High Court rejected the arbitration application, holding that the claim was barred by limitation. The Supreme Court set aside this decision, holding that following the 2015 amendments to the Arbitration Act, courts at the pre-reference stage can only examine whether an arbitration agreement exists. The issue of limitation is a jurisdictional matter that must be decided by the arbitrator under the kompetenz-kompetenz doctrine, not by the High Court. The Court appointed a retired Supreme Court judge as sole arbitrator.
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