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Reference to Dispute Resolution Board Not Mandatory Before Invoking Section 11(6) of Arbitration Act If Not Constituted on Time: Calcutta High Court

11 Aug 2025 4 min read
Reference to Dispute Resolution Board Not Mandatory Before Invoking Section 11(6) of Arbitration Act If Not Constituted on Time: Calcutta High Court

In a recent commercial dispute, M/s. National Project Construction Corporation Limited (NPCCL) approached the Calcutta High Court under Section 11 of the Arbitration and Conciliation Act, 1996, seeking the appointment of an arbitrator in its dispute with Military Engineer Services (MES). The petitioner argued that the contract between the parties included an arbitration clause, specifically Clause 70 of the General Conditions of Contract (GCC), and that disputes had arisen after…

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