Referral Courts Cannot Conduct Inquiry On Time-Barred Claims Under Arbitration Act: Calcutta High Court

In a recent judgment, the Calcutta High Court provided crucial clarifications regarding the Arbitration and Conciliation Act, 1996, specifically under Section 11, which deals with the appointment of an arbitrator. The case involved Kalpataru Projects International Limited (Petitioner) and Bharat Heavy Electrical Limited (BHEL) (Respondent). The primary focus of the case was whether the application for the appointment of an arbitrator was barred by limitation and whether the non-joinder of…