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SANJEEV NARULA
Pankaj Mittal – Appellant
Versus
Union of India – Respondent
JUDGMENT
[VIA HYBRID MODE]
1. The present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 [hereinafter "the Act"] has been filed seeking appointment of a Sole Arbitrator for adjudication of pertaining to the Letter of Award dated 18th/30th January, 2018. The Letter of Award incorporates the Indian Standard General Conditions of Contract [hereinafter "GCC"] (as amended) which includes the arbitration agreement in Clause 64 of GCC.1[As modified vide Notice No. 2015/CE-I/CT/ARB/18 dated 11th November, 2016.]
2. The Petitioner has not waived of applicability of Section 12(5) of the Act and accordingly, the applicable Clause 64.(3) (b) of GCC reads as under:
"64.(3) (b): Appointment of Arbitrator where applicability of section 12 (5) of A&C Act has not been waived off:
The arbitral Tribunal shall consist of a Panel of three (3) retired Railway Officer, retired now below the rank of SAG Officer, as the arbitrators. Fort his purpose, the Railway will send a panel of at least four (4) names of retired Railway Officer(s) empanelled to work as Railway Arbitrator duly indicating their retirement date to the contractor within 60 days from the day when a written and v
Interpretation of arbitration agreement in Clause 64 of GCC and applicability of Section 12(5) of the Arbitration and Conciliation Act, 1996
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 established that the modified provisions of the General and Special Conditions of Contract (GCC) regarding the constitution of the Arbitral Tribunal were applicable in railway contracts, an....
The court emphasized the neutrality and objectivity of the arbitral tribunal, as provided in the Arbitration and Conciliation Act, 1996, and various judgments, in determining the termination of the a....
The main legal principle established in the judgment is the procedure for appointing arbitrators under the amended Act and the modified Clause 64 of the GCC, emphasizing the ineligibility of certain ....
The main legal point established in the judgment is the requirement for the court to nominate a sole Arbitrator to decide disputes and differences between the parties, as per the provisions of the Ar....
Failure to appoint an arbitrator within the stipulated time results in the loss of the right to make the appointment. Appointment of an arbitrator by an ineligible person is void ab initio.
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....
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