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C. HARI SHANKAR
Pushkarraj Construction Pvt. Ltd. – Appellant
Versus
Union Of India – Respondent
JUDGMENT
C. Hari Shankar, J. - This is a petition under Section 11 of the Arbitration & Conciliation Act, 1996 ('the 1996 Act') for appointment of an arbitrator to arbitrate on the disputes between the parties.
2. Consequent to acceptance of the bid of the petitioner, a contract was executed between the petitioner and the respondent for construction of residential accommodations at Mamun, Punjab, Damtal, Himachal Pradesh and Basoli, Jammu & Kashmir. Clause 60 of the General Conditions of Contract (GCC) provided for resolution of disputes by arbitration. It reads thus:
"60. Arbitration.
All disputes between the parties to the contract (other than those for which the decision of the DG MAP or any other person is by the contract expressed to be final and binding) shall, after written notice by either party to the contract to the other of them, be referred to the sole arbitration of serving officer having degree in Engineering or equivalent or having passed Final/Direct Final Examination of Sub Division II of Institute of Surveyors (India) recognized by the Govt. of India to be appointed by the Engineer-in-Chief, Army Headquarters, New Delhi or in his absence, the officer officiating as E
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....
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.
The court's decision emphasized the appointment of an arbitrator and the allowance of all contentions to be urged and contested in the arbitral proceedings.
The court has the authority to appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 when the parties fail to agree on the appointment.
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