Legal Issues After Formation of Arbitral Tribunal : Supreme Court Explains the Fulcrum of Law
It has been held that when the Arbitral Tribunal is constituted, the claimant is required to file the statement and the respondent to file his defence statement with counter claim, if any, before the arbitrator. The claimant is not bound to restrict his statement of claim to the claims raised by him in the notice issued, if any, before. There is no mandatory prerequisite for issuance of a otice under S.21 of A&C Act, 1996 prior to the commencement of Arbitration.
M/s Bhagheeratha Engineering Ltd. v State of Kerala [2026] GCtR 7 (SC)