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MINI PUSHKARNA
Gangotri Enterprises Ltd. – Appellant
Versus
General Manager Northern Railaways – Respondent
JUDGMENT :
MINI PUSHKARNA, J.
1. The aforesaid petitions have been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as ‘Act’) with prayer for appointment of nominee arbitrator for the respondent, who along with the nominee of the petitioner appointed vide notice dated 25.06.2020, would appoint a presiding Arbitrator and the said Arbitral Tribunal so constituted would adjudicate upon the disputes that have arisen between the parties under the Agreement.
2. The parties entered into Contract Agreements on different dates for execution of various works as awarded to the petitioner by the respondent.
3. In ARB.P. 366/2020, contract between the parties dated 14.01.2009 was for work of ‘additional works such as construction of boundary wall/retaining wall, circulating area, entry road, service road, RCC Box Bridge and other allied works in connection with development of new passenger terminal at Anand Vihar’, for an amount of Rs.17,70,25,337.94/-.
4. In ARB.P. 367/2020, contract between the parties dated 15.10.2007 was for work of ‘Earthwork in fil
An employee of the respondent or even a retired employee would be ineligible to be appointed as an arbitrator. The panel of arbitrators should be broad-based and should include persons with diverse b....
The court reinforced that impartiality and independence of arbitrators is essential, disqualifying those with vested interests under Section 12(5) of the Arbitration and Conciliation Act, 1996.
The court determined an arbitrator's jurisdiction depends on claims being notified by the General Manager; failure to do so limits arbitration eligibility.
The appointment procedure prescribed in clause 3.37 of the RFP was found to be restrictive and not broad-based, impinging upon the validity of the appointment procedure. The 'counter balancing' as co....
The court affirmed that the claimant must secure the necessary Airport Entry Permits and upheld the arbitration award, ruling no breach by the respondent; consent regarding the arbitrator's appointme....
The main legal point established is that the appointment procedure for arbitrators must be broad-based and meet the requirement of counterbalancing as per the arbitration agreement.
The main legal point established in the judgment is the requirement for a broad-based panel of arbitrators and the need for an independent and impartial arbitral tribunal, as mandated by previous jud....
Disqualified arbitrators cannot appoint successors; unilateral requests do not waive statutory disqualifications under the Arbitration and Conciliation Act.
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