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V. KAMESWAR RAO
Bareilly Highways Projects Limited – Appellant
Versus
National Highway Authority of India – Respondent
JUDGMENT
V. Kameswar Rao, J. The petitioner by way of the present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as `Act of 1996'), is seeking inter alia, reference of disputes for adjudication to an already constituted Arbitral Tribunal.
2. The petitioner, a company incorporated under the Companies Act, 1956 and the respondent, an autonomous body created through the promulgation of the National Highways Authority of India Act, 1988 entered into a Concession Agreement (hereinafter referred to as `CA') dated June 22, 2010 for development and construction of Bareilly-Sitapur section of National Highway (NH) 24 from KM 262 to KM 413.2 in the State of Uttar Pradesh (hereinafter referred to as `Project Highway') through private participation on Design, Build, Finance, Operate and Transfer (DBFOT) basis. The construction period for the same, which is a Greenfield Project, was 910 days from the `appointed date' and the concession period was 20 years from the appointed date (including construction period). After completion of the construction, the petitioner being the concessionaire is to collect toll to recover its investment.
3. It is
The appointment of the nominee arbitrator of the respondent is in accordance with law, and any reference of the claims from Arbitral Tribunal-2 to Arbitral Tribunal-1 without terminating the mandate ....
Point of law: In any agreement or contract, an arbitration clause is maintained with the object to speedy resolution of disputes and in cases where the disputes are of larger magnitude and multiple i....
Point of Law : S.13(2) provides that a party who intends to challenge appointment of an arbitrator shall, within fifteen days after becoming aware of the constitution of the arbitral tribunal or afte....
Point of law: As per the legal position settled by the Supreme Court in catena of judgments, the High Court has the jurisdiction under Section 11(6) of the said Act to nullify the appointments made b....
Failure to appoint an arbitrator within the agreed timeframe under Arbitration Agreement allows the court to intervene and appoint an arbitrator under Section 11(6) of the Arbitration and Conciliatio....
The main legal point established in the judgment is that the appointment of an arbitrator must be in accordance with the law, and if found to be invalid, the court has the jurisdiction to set it asid....
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