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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JAGMOHAN BANSAL
ABB India Ltd. – Appellant
Versus
Patiala Locomotive Works – Respondent
JUDGMENT :
Jagmohan Bansal, J.
Through instant application under Section 11 of the Arbitration and Conciliation Act, 1996 (for short '1996 Act'), the applicant is seeking appointment of Arbitral Tribunal.2. The applicant and respondent entered into agreement by way of four different purchase orders. There is Arbitration Clause in the General Conditions of Contract which forms part of purchase orders. As per said Clause, there would be a sole Arbitrator in case of dispute between the parties. The respondent, by way of circular, enjoined that three retired Railway Officers would form Arbitral Tribunal. The applicant served notice dated 29.07.2023 upon respondent invoking Arbitration Clause. The applicant proposed a retired Judge of Supreme Court as an Arbitrator. The respondent did not agree to that. As per the respondent, only retired officials of Railway can be appointed as Arbitrators.
3. Mr. Vinish Singla and Mr. Alankrit Bhardwaj, Advocates submit that circular issued by respondent is part of agreement, thus, only retired officials of Railways can be appointed as Arbitrators. The Arbitral Tribunal shall consist of three Members. They are not disputing the Arbitration Clause and dis
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 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 ....
Interpretation of arbitration agreement in Clause 64 of GCC and applicability of Section 12(5) of the Arbitration and Conciliation Act, 1996
Point of law : The provisions under the contract for constitution of the standing arbitral tribunal were violation of the amended provisions of Section 12 of the Act of 1996 read in conjunction with ....
The court emphasized the importance of the arbitration clause entered into between the parties and held that a person ineligible to arbitrate cannot nominate an arbitrator, and if such ineligibility ....
The court established that the modified provisions of the General and Special Conditions of Contract (GCC) regarding the constitution of the Arbitral Tribunal were applicable in railway contracts, an....
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