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M. R. SHAH, C. T. RAVIKUMAR
Shree Vishnu Constructions – Appellant
Versus
Engineer in Chief Military Engineering Service – Respondent
JUDGMENT
M.R. Shah, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court for the State of Telangana at Hyderabad in ARBA No. 151 of 2016 by which the High Court has dismissed the said application filed under Section 11 of the Arbitration Act, 1996 (hereinafter referred to as “Act, 1996”) and has refused to appoint an arbitrator on the ground that earlier the appellant had accepted the amount as per the final bill in full and final settlement and without raising any dispute and also signed and issued “no further claim certificate”, the original applicant has preferred the present appeal.
2. The facts leading to the present appeal in nutshell are as under:-
2.1 That the appellant herein and the respondents entered into an agreement vide agreement dated 22.07.2010 for additions/alterations to Senior Non- Commissioned Officers mess and repairs/renewals to floors in tech area at Air Force Academy, Hyderabad. The appellant raised a revised final bill for the aforesaid work on 10.07.2012. The payment in respect of the final bill was made to the appellant on 29.04.2013. The appellant also issued “no further claim” certificate.
2.2 The appellant
The 2015 Amendment to the Arbitration and Conciliation Act is prospective. Section 12(5) regarding arbitrator ineligibility does not apply to arbitral proceedings commenced prior to 23.10.2015, and a....
(1) Period of limitation to file application under Section 11 of Arbitration and Conciliation Act, 1996 is 3 years’ from date of refusal to appoint Arbitrator, or on expiry of 30 days’, whichever is ....
The main legal point established in the judgment is the retrospective application of the amended provisions of the Arbitration and Conciliation Act, 1996, and the emphasis on the neutrality and impar....
Sections 18 to 27 deal with conduct of arbitral proceedings before an arbitral tribunal.
The consent to arbitrate can waive mandatory pre-arbitration formalities, allowing disputes from separate contracts to be arbitrated as a composite matter.
Appointment of arbitrator by designation is permissible. Arbitration clauses in government contracts providing that an employee of the department will be the sole arbitrator are neither void nor unen....
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