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DELHI HIGH COURT
NAVIN CHAWLA
Sam (India) Buildwell Pvt. Ltd. – Appellant
Versus
Coslight Indian Telecom Pvt. Ltd. – Respondent


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 & ArbitrationExcept 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








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