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DELHI HIGH COURT
SURESH KUMAR KAIT
Simplex Infrastructures Limited – Appellant
Versus
Director General Married Accommodation Project – Respondent
| Table of Content |
|---|
| 1. details of the petition and background. (Para 1 , 2 , 3 , 4) |
| 2. respondent's position on arbitration appointment. (Para 5) |
| 3. appointment of arbitrator and compliance requirements. (Para 6 , 7 , 8) |
| 4. conclusion and order to send copy. (Para 9 , 10) |
1. The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of sole Arbitrator to adjudicate the disputes with respondent in terms of Clause 60 of the General Conditions of Contracts for Lump sum contracts and measurement contracts entered into between the parties.
2. Petitioner is a company established in 1924 and is in business of executing projects in several sectors like Transport, Energy & Power, Mining, Buildings, Marine, Industrial Structures and Real Estate.
3. Respondent is Director General, Married Accommodation Project of the Ministry of Defence and works under the aegis of the Engineer in chief and has been entrusted with the task of constructing accommodation for Married Personnel of the Armed Forces.
4. As per the averments made in the present petition, respondent issued a tender for construction of residential accommodatio
The court affirmed that a party can seek arbitration if the other party fails to appoint an arbitrator and acknowledged the disputes existing between them.
Party no objection if sole Arbitrator is appointed by this Court for adjudication of dispute between the parties.
Disputes arising from a construction contract for unpaid dues are arbitrable under the Arbitration and Conciliation Act, prompting the appointment of a sole arbitrator.
The court has the authority to appoint a sole Arbitrator in accordance with the Arbitration Clause forming a part of the Contract.
A party cannot unilaterally appoint an Arbitrator as it undermines unbiased dispute resolution; a collective agreement for a sole Arbitrator is essential.
The court ruled that a Sole Arbitrator is to be appointed to resolve disputes under the contract due to the respondent's failure to meet contractual obligations.
The court has the authority to appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 when the parties fail to agree on the appointment.
The main legal point established in the judgment is the appointment of a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 to adjudicate the disputes between the parti....
The unilateral appointment of an arbitrator violates the principle of unbiased adjudication, requiring mutual agreement between parties for such appointments.
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