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N. KOTISWAR SINGH
PCM Cement Concrete Pvt. Ltd. – Appellant
Versus
Union Of India, Represented By The Chief Engineer (Con), N. F. Railway – Respondent
JUDGMENT :
Heard Mr. S. Sharma, learned counsel for the petitioner. Also heard Mr. G. Goswami, learned Standing Counsel, N.F. Railway.
2. The present application has been filed under Section 15(2) of the Arbitration and Conciliation Act, 1996 read with Section 11 of the said Act for appointment of the Substituted Arbitrator.
3. Before this application was filed, an Arbitrator was appointed to resolve the disputes between the parties by an order dated 20.09.2019 passed by this Court in Arb. Pet. No.33/2018.
4. The petitioner is a Private Limited Company engaged in the business of manufacturing and supplying of Railway sleepers, welding of rails etc. and the petitioner was awarded a contract by the Railway authorities for execution of work of welding of 52 Kg. (72 UTS/52kg (90UTS) Rolls in situ or in the depot or at location decided by Railway by using contractor’s own Mobile Flas Butt Welding Plant and SKV portion on running/rion running lines or on cess of consolidated formation or on ballasted bed in the project area of New Mainaguri-Jogighopa New Line Project in connection with which a formal contract was executed between the parties on 29.09.2010.
5. It appears that there was certain
The interpretation of Section 15(2) of the Arbitration and Conciliation Act, 1996 is that where the mandate of an arbitrator terminates, a substitute arbitrator shall be appointed according to the ru....
The main legal point established in the judgment is that parties may waive the applicability of Section 12 (5) of the Arbitration & Conciliation Act, 1996 by their conduct, and the appointment of an ....
The main legal point established is the court's authority to appoint a substitute arbitrator under Section 15 of the Arbitration and Conciliation Act, 1996, when the initially appointed arbitrator fa....
The appointment of a substitute arbitrator under section 15(2) of the Arbitration and Conciliation Act, 1996, should be governed by the same rules that were applicable to the appointment of the arbit....
Court emphasized that arbitration must preserve progress and ensure equitable resolution of disputes as per contractual terms.
An arbitrator cannot be unilaterally appointed in violation of Section 12(5) of the Arbitration and Conciliation Act, 1996; such an appointment is unsustainable.
The court emphasizes that failure to comply with the arbitration clause entitles the petitioner to seek judicial appointment of an arbitrator.
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