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PANKAJ BHANDARI
Brandavan Food Products – Appellant
Versus
Union Of India – Respondent
ORDER
1. The applicant has preferred this arbitration application for appointment of an independent sole arbitrator.
2. It is contended by learned counsel for the applicant that as per Arbitration Clause 20.1 of the agreement, first an attempt was to be made for amicable settlement of the dispute between the parties. As per Clause 20.2, in the event that a dispute between the parties subsists beyond 30 days of negotiations between the parties, then the dispute shall be settled as per the provisions of Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act of 1996'). The dispute shall be referred to sole arbitration of Gazetted Railway Officer appointed to be an arbitrator by the General Manager of the Zonal Manager awarding the license and the Gazetted Railway Officer to be appointed as arbitrator, however, will not be one of those who had an opportunity to deal with the matters to which the contract relates or who in the course of their duties as railway servant have expressed views on all or any of the matters under dispute or difference.
3. It is contended that the applicant vide letter dated 12.11.2016 (Annexure-9) requested for appointment of an arbitrator.
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The arbitration clause was deemed unenforceable due to disqualification under the amended Arbitration and Conciliation Act, 1996.
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The court clarified that a previous dismissal of an application for appointment of an Arbitrator does not preclude the applicant from seeking appointment through the correct authority, and hypertechn....
The main legal principle established in the judgment is the procedure for appointing arbitrators under the amended Act and the modified Clause 64 of the GCC, emphasizing the ineligibility of certain ....
Ineligibility of a departmental person as an arbitrator under the amended Act of 2015 and the appointment of an independent arbitrator to resolve disputes.
The main legal point established in the judgment is the ineligibility of the appointed arbitrator under Section 12(5) read with Schedule VII of the Arbitration Act and the requirement for a panel of ....
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