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DELHI HIGH COURT
SURESH KUMAR KAIT
Garg Builders – Appellant
Versus
Sidculconcor Infra Company Limited – Respondent
| Table of Content |
|---|
| 1. arbitration clause and invocation process (Para 3 , 4 , 5 , 6) |
| 2. claims are arbitrable (Para 7) |
| 3. appointment of arbitrator (Para 8 , 9 , 10) |
| 4. disposition of the petition (Para 11 , 12) |
The hearing has been conducted through video conferencing.
I.A. 2109/2022 (exemption)
1. Allowed, with direction to file requisite original documents, i.e. Agreement and other documents, as well as notarised/attested affidavit within six weeks.
2. Application is disposed of.
ARB.P. 152/2022
3. The present petition has been filed by the petitioner seeking appointment of sole Arbitrator to adjudicate the disputes inter-se the parties.
4. As per the averments made in the present petition, the petitioner entered into Agreements dated 31.03.2015 and 15.04.2015 with the respondent for the work of C/o Administrative Building, Business facilities, public utilities, transporters office, station building etc. including allied works at MMLP Pantnagar Uttarakhand for contractual tendered amount of Rs.13,35,74,774/-. The date of commencement & completion of work was 31.03.2015 and 12.03.2016, which was respectively stipulated in the Award Letter. The work was duly compl
Disputes arising from contractual agreements are subject to arbitration as per the Arbitration and Conciliation Act, 1996 when both parties concede to arbitrability.
The court has the authority to appoint an arbitrator to resolve disputes based on the arbitration clause in the agreement and the arbitrability of the disputes.
The court confirmed the validity of invoking arbitration under the Arbitration and Conciliation Act when disputes arise over contract performance and payment.
Arbitration Agreement - Appointment of - The learned Arbitrator shall ensure compliance of Section 12 of Arbitration and Conciliation Act, 1996 before commencing the arbitration.
Unilateral appointment of an arbitrator is impermissible; parties must appoint an arbitrator jointly or seek court appointment to ensure unbiased dispute resolution.
The main legal point established is the enforcement of the arbitration clause and the appointment of a sole arbitrator to resolve the dispute.
A party cannot unilaterally appoint an Arbitrator as it undermines unbiased dispute resolution; a collective agreement for a sole Arbitrator is essential.
The court directed the appointment of a sole arbitrator under the Arbitration and Conciliation Act, 1996 to resolve contract disputes, affirming the arbitrability of the issues.
Disputes concerning contract completion and payment arise, necessitating arbitration as per the Arbitration and Conciliation Act, 1996.
Disputes arising from a construction contract for unpaid dues are arbitrable under the Arbitration and Conciliation Act, prompting the appointment of a sole arbitrator.
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