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MOUSHUMI BHATTACHARYA
Mehrotra Buildcon Pvt. Ltd. – Appellant
Versus
South Eastern Railway – Respondent
JUDGMENT :
(Moushumi Bhattacharya, J.)
1. The petitioner seeks appointment of a sole arbitrator to adjudicate the disputes between the petitioner and the respondent. The prayer is made in an application filed under section 11 of The Arbitration and Conciliation Act, 1996.
2. The material placed before the court shows that the respondent, South Eastern Railway, engaged the petitioner for construction of a foot-over bridge in Jharsuguda, Odisha. The Notice Inviting Tender specifies that the dispute resolution would be governed by the Standard General Conditions of Contract dated 6.9.2019 for use in connection with works contracts. Disputes arose between the parties with regard to the price variation clause in the NIT. The petitioner sent several notices from 8.9.2021 to 5.8.2022 outlining various grievances of the petitioner and enclosing the petitioner’s invoices for the respondent’s approval. The petitioner issued a notice to the respondent on 13.1.2023 under Clause 63 of the GCC for conciliation of the disputes pre-arbitration. The petitioner sent a further notice on 28.2.2023 under clause 63.1 of the GCC in the form of a representation for deciding the disputes and differences betwe
The unilateral appointment of an arbitrator without mutual consent violates the Arbitration and Conciliation Act, necessitating a consensual arbitration mechanism.
The court established that the modified provisions of the General and Special Conditions of Contract (GCC) regarding the constitution of the Arbitral Tribunal were applicable in railway contracts, an....
Arbitration - Merely because the panel of arbitrators are the retired employees who have worked in the Railways, it does not make them ineligible to act as the arbitrators.
An employee of the respondent or even a retired employee would be ineligible to be appointed as an arbitrator. The panel of arbitrators should be broad-based and should include persons with diverse b....
Disqualified arbitrators cannot appoint successors; unilateral requests do not waive statutory disqualifications under the Arbitration and Conciliation Act.
The main legal principle established in the judgment is the procedure for appointing arbitrators under the amended Act and the modified Clause 64 of the GCC, emphasizing the ineligibility of certain ....
An arbitration clause mandating appointment from a biased source is invalid; courts can appoint an independent arbitrator to ensure impartiality.
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