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DELHI HIGH COURT
V.KAMESWAR RAO
Garg Builders – Appellant
Versus
Hindustan Prefab Ltd. – Respondent
| Table of Content |
|---|
| 1. seeking appointment of an arbitrator (Para 1 , 2 , 3) |
| 2. objections regarding proper parties and arbitration process (Para 4 , 5 , 6) |
| 3. submission on contract clauses and arbitration requirements (Para 7 , 9 , 10) |
| 4. interpretation of arbitration clauses and requirements to follow procedures (Para 11 , 16) |
| 5. conclusion on petitions and specified remedies available (Para 20 , 21 , 22) |
ORDER
V. Kameswar Rao, J.
1. All these petitions have been filed seeking appointment of an Arbitrator.
2. There is no dispute that the respondent had carried out the work on behalf of ESIC (item Nos.3, 4 & 6) / NDRF (item No.5). Certain claims have been raised by the petitioner, which have been declined by the respondent/HPL herein.
3. An objection has been taken by the respondent/HPL, inasmuch as the petitioner has not made ESIC / NDRF for whom the work was carried out as a party respondent. On that objection, I had issued notice to ESIC / NDRF and they are being represented through Mr. Shlok Chandra, Standing Counsel and Mr. Ripu Daman Bhardwaj, CGSC, respectively. In fact, Mr. Malhotra, learned counsel for the petitioner had also stated, he has no objection for impleadment of E
The court emphasized the necessity of adhering to procedural requirements in contracts before arbitration can be invoked, underscoring the importance of a harmonized interpretation of contract clause....
Prima facie arbitration agreement via GCC clauses 24-25; termination disputes arbitrable sans appointed DRE or applicable pre-steps; court appoints arbitrator under s.11 despite departmental remedies....
The court determined an arbitrator's jurisdiction depends on claims being notified by the General Manager; failure to do so limits arbitration eligibility.
An arbitration agreement remains valid and enforceable despite procedural limitations on arbitrator appointment, ensuring disputes are addressed effectively.
Arbitration agreements remain valid despite invalid appointment procedures; courts may sever non-compliant clauses while upholding fundamental consent to arbitrate.
A court can appoint an arbitrator when a party fails to do so despite repeated requests and after exhausting all pre-arbitration mechanisms.
The main legal point established in the judgment is the importance of party autonomy in arbitration, the enforceability of the entire arbitration clause, and the conditional acceptance of arbitration....
(1) Arbitration – Parties to arbitration agreement have autonomy to decide not only on procedural law to be followed but also substantive law – A party cannot claim anything more than what is covered....
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