SHIVAM INFRASTRUCTURE Vs. SOUTH EAST CENTRAL RAILWAY

JUDGEMENT

(1.) Invoking Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short, 'the Act of 1996'), the applicant herein has filed this application for appointment of arbitrator.

(2.) Essential facts leading to filing of this application are as under: -

(3.) Mr. Harsh Wardhan, learned counsel appearing for the applicant, submits that in view of the amendment in the shape of Section 11(6A) of the Act of 1996 by the Arbitration and Conciliation (Amendment) Act, 2015, only the existence of arbitration agreement has to be looked into and all the defences have to be taken care of by the arbitral tribunal and the said amendment has come into force with effect from 23-10-2015.