1. This is a petition under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (‘Act’) filed by the Petitioner, Salma Dam Joint Venture Through SSJV Projects Private Limited (‘SDJV’) seeking the appointment of an arbitrator on behalf of the Respondent, Wapcos Limited, in the dispute between the Petitioner and the Respondent arising out of the contract agreement dated 9th March 2006 entered into between them for “reconstruction, rehabilitation and completion of Salma Dam Project (3 x 14 MW), Afghanistan, Package III: Main Civil & Hydro Mechanical Works. Subsequently, an amendment of agreement was signed to the contract agreement on 9th June 2015.

2. It is stated that the claims preferred by the SDJV was first referred to the Technical Committee (‘TC’) constituted by the Respondent. These were in the form of ‘appeals’ by the SDJV to the said TC. Appeal Nos. 1 to 6 dealt with the following items:

Appeal No. 1

Item 5.1 Payment of balance amount of escalation

Item 5.2 Refund of retention money recovered in excess

Item 5.3 Issue of take over certificates

Item 5.4 Revised rate for high performance concrete (HPC) M 60 Grade.

Appeal No. 2

Item 5.6 Payment towards O&M works – extra