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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUVIR SEHGAL
SP Singla Constructions Pvt. Ltd. – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Suvir Sehgal, J.
This order shall dispose of both the above noted petitions as they involve common question of law and facts.2. For the sake of convenience, factual position is being taken from ARB-337 of 2017.
3. This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (for short 'the Arbitration Act') for constitution of an independent and impartial Arbitral Tribunal.
4. Counsel for the petitioner submits that a bid submitted by the petitioner for construction of a four lane railway over bridge at Level Crossing No. 61-A on Delhi Bathinda Railway Line (hereinafter referred to as 'the Project') was awarded to the petitioner vide letter dated 30.07.2006, Annexure P-2, at a contract price of Rs.22.34 crores and the petitioner furnished, Performance Security to the respondents for an amount of Rs.1,11,75,000/-.
5. He submits that although the project was required to be completed within 15 months but there were continuous delays and the petitioner sent a chain of letters appended at Annexure P-3, to the respondents requesting them to increase the contract price and compensate it and by letter dated 04.02.2009, Annexure P-4, respondents were req
Arbitral Tribunal consisting of officers of State have become ineligible to become Arbitrators and to continue as Arbitrators.
Point of law: As per the legal position settled by the Supreme Court in catena of judgments, the High Court has the jurisdiction under Section 11(6) of the said Act to nullify the appointments made b....
The appointment of an arbitrator must comply with the Arbitration and Conciliation Act, particularly Section 12(5), which disqualifies certain individuals from serving as arbitrators.
Point of law: Arbitration -in the absence of an express agreement between the petitioner and the respondent subsequent to arising of disputes whereby the parties expressly agreed to waive the applica....
The main legal point established in the judgment is the requirement of an express agreement in writing to waive the applicability of Section 12(5) of the Arbitration and Conciliation Act, 1996.
Arbitrators must be impartial and capable of performing their duties; prolonged inaction in arbitration proceedings justifies termination of their mandate.
The main legal point established in the judgment is the retrospective application of the amended provisions of the Arbitration and Conciliation Act, 1996, and the emphasis on the neutrality and impar....
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