M/s. GVV Constructions Private Limited vs. The Union of India & Ors. [2026 INSC 976]

The question whether a particular claim is an excepted claim falls in realm of the arbitral tribunal under section 16 of the Arbitration Act

RELEVANT PARAGRAPH

18. What emerges from the foregoing survey is that, under the Act, the question whether a particular claim is covered by, or falls outside, an “excepted matters” clause of a works contract is a matter squarely within the competence of the Arbitral Tribunal under Section 16, and not a question for a court exercising even the wider, appointment-stage jurisdiction under Section 11, much less for a court exercising the discretionary jurisdiction of judicial review under Article 226 of the Constitution, whose very engagement with the merits of the dispute, in the present case, was declined on the ground that it involved complicated questions of fact.

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