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AVNEESH JHINGAN
Bhagwan Dass – Appellant
Versus
Union of India – Respondent
JUDGMENT
Avneesh Jhingan, J. - This is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short 'the Act') for appointment of Sole Arbitrator for adjudication of disputes between the parties.
2. The brief facts are that the parties entered into a contract for Repairs to other than Married Accommodation No.HT-72 and HT-73 of 144 AD REGT Ambala Cantt under GE (South) Ambala (Respondent No.4).
Clause-70 of General Conditions of Contract reads as under:
''70 Arbitration-All disputes, between the parties to the Contract (other than those for which the decision of the C.W.E. Or any other person is by the Contract expressed to be final and binding) shall, after written notice by either party to the Contract to the other of them, be referred to the Sole arbitration of an (Serving Officer having degree in Engineering or equivalent or having passed final/direct final examination of Sub Division II of Institution of Surveyor (India) recognised by the Govt. of India) to be appointed by the authority mentioned in the tender documents.
Unless both parties agree in writing such references shall not take place until after the completion or alleged completion of the works
The main legal point established in the judgment is the court's authority to appoint an arbitrator as per the contract clause and the provisions of the Arbitration and Conciliation Act, 1996.
The court's authority to appoint an arbitrator in cases where the parties are unable to agree, in accordance with the law laid down by the Supreme Court and the provisions of the Arbitration & Concil....
The main legal point established is the necessity of appointing an independent arbitrator to resolve disputes, in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and rele....
The court affirmed that arbitration proceedings should be initiated to resolve disputes, even if a no-claim certificate is invoked, unless the claims are manifestly devoid of merit.
The court has jurisdiction to appoint an arbitrator when parties cannot agree, reaffirming the necessity to comply with provisions of the Arbitration and Conciliation Act, 1996.
The court's decision was based on the interpretation of the Dispute Resolution clause in the Contract Agreement and the provisions of Section 11 of the Arbitration and Conciliation Act, 1996.
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