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SACHIN DATTA
Pele Khezhie – Appellant
Versus
National Highways And Infrastructure Development Corporation Limited – Respondent
JUDGMENT
Sachin Datta, J. (Oral)
ARB.P 840/2023
1. The present petition under Section 11 of the Arbitration and Conciliation Act 1996 (the "A&C Act") seeks appointment of an independent sole arbitrator to adjudicate the dispute between the parties.
2. The disputes between the parties have arisen in the context of a tender process initiated by the respondent for "Construction of two lane with paved shoulder of Kohima-Bypass Road connecting NH-39 (New NH-02), NH-150 (New NH-02), NH-61 (New NH-29) and NH-39 (New NH-02) from Design Km 32.00 to design Km 43.454 [Design Length-11.454 Km] in the state of Nagaland under SARDP-NE on EPC Mode (Package IV)". The bid submitted by the petitioner for the said tender was accepted by the respondent vide Letter of Acceptance dated 14.08.2020. Accordingly, the petitioner and the respondent entered into the Engineering, Procurement and Construction Contract dated 05.09.2020.
3. The stipulated date for completion of the work was 18 months from the appointed date. For slow progress of work and non-completion of milestones by the petitioner, the respondent, vide letter 07.03.2023, declared the petitioner a Non-Performer. Further, vide letter dated 17.0
The conciliation process in the contract agreement was not mandatory, and non-compliance did not bar the petitioner from invoking arbitration.
The main legal point established in the judgment is that the appointment of an independent sole arbitrator is necessary, and the refusal of the petitioner to participate in conciliation proceedings d....
The main legal point established is that invoking the conciliation clause as per the contract and the respondent's failure to respond allows the petitioner to seek the appointment of an Arbitrator un....
The court affirmed that the inquiry under Section 11(6) of the Arbitration Act is restricted to the existence of an arbitration agreement, allowing disputes to proceed to arbitration without mandator....
The main legal point established in the judgment is that the petitioner's failure to exhaust the mandatory dispute resolution procedure as per the contract rendered the petition premature and non-mai....
The main legal point established is that the arbitration application was not premature, and a case was made for the appointment of an arbitrator to decide the disputes between the parties.
The main legal point established in the judgment is that a party can invoke arbitration in accordance with the arbitration agreement between the parties, and the voluntary nature of conciliation as a....
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