JUDICIAL REFUSAL TO REFER TIME-BARRED CLAIMS TO ARBITRATION: A CRITICAL ANALYSIS OF BSNL V. NORTEL

AUTHOR – DYUKSHA WALIA, STUDENT AT AMITY UNIVERSITY NOIDA

BEST CITATION – DYUKSHA WALIA, JUDICIAL REFUSAL TO REFER TIME-BARRED CLAIMS TO ARBITRATION: A CRITICAL ANALYSIS OF BSNL V. NORTEL, ILE MULTIDISCIPLINARY JOURNAL, 4 (2) OF 2025, PG. 205-214, APIS – 3920-0007 | ISSN – 2583-7230

Abstract

The landmark judgment in BSNL v. Nortel Networks India Pvt. Ltd. (2021) by the Supreme Court of India has sparked significant debate around the interpretation of Section 11 of the Arbitration and Conciliation Act, 1996, particularly concerning whether courts can refuse to refer disputes to arbitration on the grounds of limitation. This dissertation critically analyses the judgment, examining the legal and jurisprudential implications of allowing or disallowing time-barred claims to proceed to arbitration. Through doctrinal analysis, comparative jurisprudence, and policy perspectives, the paper evaluates the rationale behind the judgment and its impact on arbitration law and practice in India.

Keywords: Arbitration, BSNL vs Nortel