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SACHIN DATTA
M. V. Omni Projects (India) Ltd. – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
SACHIN DATTA, J. (Oral)
1. The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter ‘the A&C Act’) seeking appointment of a Sole Arbitrator for adjudicating the disputes between the parties.
2. The disputes between the parties have arisen in context of the contracts bearing agreement no.74-W/3/2/348/WA/LKO dated 10.06.2011(Arb.P.1716/2024); agreement no.74-W/3/2/349/WA/LKO dated 10.06.2011 (Arb.P.1717/2024); agreement no.74-W/3/2/350/WA/LKO dated 15.07.2011(Arb.P.1715/2024); agreement no. 74-W/3/2/352/WA/LKO dated 15.07.2011(Arb.P.1718/2024) wherein the petitioner was engaged for carrying out earth work and blanketing in embankment and cutting including mechanical compaction for doubling of the Zafrabad-Utratia section of Lucknow Division of Northern Railway.
3. The relevant contractual conditions in the aforementioned agreements contain the following identical provision for dispute resolution, which is as under:-
The court emphasized the necessity of appointing an independent Sole Arbitrator for arbitration disputes, following the principles established in prior Supreme Court judgments.
The court confirmed the existence of an arbitration agreement and mandated the appointment of a sole arbitrator to adjudicate contract disputes, highlighting the necessity of complying with contractu....
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 confirmed that a person ineligible to act as an arbitrator cannot appoint one, necessitating judicial appointment for dispute resolution under the Arbitration and Conciliation Act.
The court can appoint an arbitrator despite contractual provisions allowing one party to appoint, based on established supreme court principles regarding arbitrability and equitable resolution.
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....
The main legal point established in the judgment is that parties may waive the applicability of Section 12 (5) of the Arbitration & Conciliation Act, 1996 by their conduct, and the appointment of an ....
No single party can be permitted to unilaterally appoint the Arbitrator, as it would defeat the purpose of unbiased adjudication of dispute between parties.
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