BHARAT SANCHAR NIGAM LTD. vs MOTOROLA INDIA PVT.LTD.

The Supreme Court addressed the appeal against the Kerala High Court's order allowing arbitration under Section 11 of the Arbitration and Conciliation Act, 1996. The Court held that the imposition of liquidated damages under clause 16.2 of the tender document was not an 'excepted matter' as per clause 20.1, thus making it arbitrable. The Court affirmed the High Court's decision to appoint an arbitrator, emphasizing that disputes regarding liquidated damages fall within the scope of arbitration despite the appellant's claims to the contrary.