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DELHI HIGH COURT
SURESH KUMAR KAIT
Pragati Construction Consultants – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. appointment of sole arbitrator requested. (Para 1 , 2 , 3) |
| 2. arbitration process and nominations issues. (Para 4 , 5 , 6) |
| 3. contractor's claims and no claim certificate. (Para 8 , 9) |
| 4. referral to arbitration despite disputes. (Para 10 , 11 , 12) |
| 5. court appoints an independent arbitrator. (Para 13 , 14 , 15 , 16 , 17) |
1. The relief sought in the present petition before this Court is to appoint sole Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 to adjudicate the disputes between the parties in accordance with clause 63 and 64 of the General Conditions of the Contract, 2014.
2. It is stated by the petitioner that respondent vide letter dated 03.05.2016 had awarded the work of extensive repairs and complete renovation of old washing line nos.3, 4 & 5 including assembling and linking of track and other allied works at Coach Care Centre, Hazrat Nizammuddin at New Delhi. The total cost of work at the accepted rates was worked out at Rs.12,07,05,992.60/-. The stipulated date of completion of work was 15 months from the date of issuance of acceptance letter. Thus, in the present case, the stipulated date for completion o
The court affirmed that arbitration proceedings should be initiated to resolve disputes, even if a no-claim certificate is invoked, unless the claims are manifestly devoid of merit.
The main legal point established is the necessity of appointing an independent arbitrator to resolve disputes, in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and rele....
The court confirmed the validity of invoking arbitration under the Arbitration and Conciliation Act when disputes arise over contract performance and payment.
Appointment of a sole arbitrator must comply with the provisions of the Arbitration and Conciliation Act, 1996 and should not be in violation of relevant legal precedents.
Arbitration Agreement - Appointment of - The learned Arbitrator shall ensure compliance of Section 12 of Arbitration and Conciliation Act, 1996 before commencing the arbitration.
No single party can be permitted to unilaterally appoint the Arbitrator, as it would defeat the purpose of unbiased adjudication of dispute between parties.
The main legal point established in the judgment is the court's authority to appoint an arbitrator as per the contract clause and the provisions of the Arbitration and Conciliation Act, 1996.
The main legal point established is that the appointment of an arbitrator must be in accordance with the law and the parties' written consent, and the court has the authority to appoint an arbitrator....
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....
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