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IN THE HIGH COURT OF DELHI
Navin Chawla, J.
Sam (India) Buildwell Pvt. Ltd. - Appellant
Versus
Coslight Indian Telecom Pvt. Ltd. - Respondent
Arb.P. 87 of 2018
Decided On : 25-04-2018
JUDGMENT
Navin Chawla, J. (Oral)
1. This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the `Act') seeking appointment of a Sole Arbitrator to adjudicate the disputes that have arisen between the parties in relation to the Agreement dated 8th August, 2009 executed between the parties.
2. Clause 1 of the agreement incorporates the General Conditions of the Contract (GCC) as a part of the agreement.
3. Clause 25 of the GCC provides for resolution of the disputes through arbitration. The relevant extracts from the Arbitration Agreement are as under:
| CLAUSE 25 | |
| Settlement of Disputes & Arbitration | Except where otherwise provided in the contract all questions and disputes relating to the meaning of the specifications design, drawings and instructions here-in before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim right matter or thing whatsoever in any way arising out of or relating to the contract, designs, drawings, specifications, estimates, instruction, offers or these conditions or otherwise concerning the works or the execution or failure to execute the same whether arising during the progress of the work or after the cancellation, permission, completion or abandonment thereof shall be dealt with as mentioned hereinafter: i) xxxxxxxxxx ii) Except where the decision has become final and conclusive in terms of Sub-Para (i) above disputes or difference shall be referred for adjudication through arbitration by sole arbitrator appointed by the administrative head of the said EMPLOYER. If the arbitrator so appointed is unable or unwilling to act or resigns his appointment or vacates his office due to any reason whatsoever another sole arbitrator shall be appointed in the manner aforesaid. Such person shall be entitled to proceed with the reference form the stage at which it was left by his predecessor. It is a term of this contract that the party invoking arbitration shall give a list of disputes with amounts claimed in respect of each such dispute alongwith the notice for appointment of arbitrator and giving reference to the rejection by the Managing Director EMPLOYER of the appeal. It is also a term of this contract that no person other than a person appointed by the administrative head of the EMPLOYER as aforesaid should act as arbitrator and if for any reason that is not possible the matter shall not be referred to arbitration at all. It is also a term of this contract that if the contractor does not make any demand for appointment of arbitrator in respect of any claims in writing as aforesaid within 120 days of receiving the intimation from the Architect that the final bill is ready for payment the claim of the contractor shall be deemed to have been waived and absolutely barred and the EMPLOYER shall be discharged and released of all liabilities under the contract in respect of these claims. The arbitration shall be conducted in accordance with the provisions of the Arbitration and conciliation Act, 1996 (26 of 1996) or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force shall apply to the arbitration proceeding under this clause. It is also a term of this contract that the arbitrator shall adjudicate on only such disputes as are referred to him by the appointing authority and give separate award against each dispute and claim referred to him and in all cases where the total amount of the claims by any party exceeds Rs.1,00,000 the arbitrator shall give reasons for the award. It is also a term of the contract that if any fees are payable to the arbitrator these shall be paid equally by both the parties. It is also a term of the contract that the arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties calling them to submit their statement of claims and counter statement of claims. The venue |
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