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IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT PORT BLAIR
ARINDAM MUKHERJEE
Salcon Engineers And Fabricators – Appellant
Versus
Chief Engineer – Respondent
Judgment :
Arindam Mukherjee, J.
I. Nature of application:-
This is an application by the contractor seeking Court’s intervention to terminate the mandate of the Arbitrator under the provisions of Section 14 (1) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 1996 Act) in an arbitration proceedings where an officer of the CPWD, the Principal is the appointing authority and has appointed an Arbitrator exercising such authority on the ground of ineligibility of the arbitrator to enter into reference and adjudicate in view of the provisions of section 12 (5) read with the seventh schedule of the said Act incorporated by the 2015 Amendment Act and to appoint a substitute arbitrator in its stead.
II. Facts of the Case: -
1) The petitioner, M/S. Salcon Engineers and Fabricators Pvt. Ltd., is a government contractor enlisted as Class I (Civil) contractor with the Andaman Public Works Department (in short APWD). The petitioner entered into an agreement with the respondent for the work of “Construction of New Medical College at Port Blair; Sub Work: Development of site for Administrative Block, Science Block, Type –IV, Type V, Type VI and Professor Hostel at the new
Point of Law : Proviso to Section 12(5) of the A&C Act, there is no scope for entertaining the submission that the petitioner had, by his conduct, impliedly waived its right under Section 12(5) of th....
Arbitrators must be impartial and capable of performing their duties; prolonged inaction in arbitration proceedings justifies termination of their mandate.
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....
An appointment made by an ineligible person as an arbitrator is void, and waiver of objection under Section 12(5) of the A&C Act requires an express agreement in writing after the disputes have arise....
The arbitration clause was deemed unenforceable due to disqualification under the amended Arbitration and Conciliation Act, 1996.
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