Back
C. HARI SHANKAR
H. S. Oberoi Buildtech Pvt. Ltd – Appellant
Versus
Mahamaya Infrastructure Pvt. Ltd – Respondent
JUDGMENT
C. Hari Shankar, J. - This is a petition under Section 11 of the Arbitration and Conciliation Act, 1996 ("the 1996 Act") for reference of the disputes between the parties to arbitration.
2. The only objection, raised by Mr. Kapoor, learned Counsel for the respondent, is tethered on Clause 52.2.2 of the General and Special Conditions of Contract ("GSCC", in short). Clauses 52.2.1 and 52.2.2 of the GSCC may, for this purpose, be reproduced thus;
"52.2 Arbitration
52.2.1 Any dispute arising out of a Notified Claim of the Contractor include[sic] in the Final Bill of the Contractor in accordance with the provisions of Clause 52.1.2 hereof, and any dispute arising out of any Claim(s) of the Owner against the Contractor shall be referred to the arbitration of a Sole Arbitrator selected in accordance with the provisions of Clause 52.2.2 hereof. It is specifically agreed that the Owner may prefer its Claim(s) against the Contractor as counter-claim(s) if a Notified Claim of the Contractor has been referred to arbitration. The Contractor shall not, however, be entitled to raise as a set-off defense or counter-claim any claim which is not a Notified Claim included in the Contractors Fin
The power of the court to appoint an arbitrator under Section 11(6) of the Arbitration Act cannot be restricted by any panel of arbitrators suggested by one party or the other.
The Court has the independent authority to appoint an arbitrator under Section 11 of the Arbitration Act regardless of the parties' proposed panel of arbitrators.
The court's authority to appoint an arbitrator in cases where the parties are unable to agree, in accordance with the law laid down by the Supreme Court and the provisions of the Arbitration & Concil....
A sole arbitrator can be appointed by a party if the opposing party defaults on arbitrator appointment, per arbitration clause and judicial precedent.
The appointment of the arbitrator must be in accordance with the arbitration agreement and must satisfy the provisions of the arbitration act.
The court has jurisdiction to appoint an arbitrator when parties cannot agree, reaffirming the necessity to comply with provisions of the Arbitration and Conciliation Act, 1996.
Failure to give notice invoking the arbitration Clause renders the application under Section 11 premature.
The court emphasizes that failure to comply with the arbitration clause entitles the petitioner to seek judicial appointment of an arbitrator.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
