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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JASGURPREET SINGH PURI
Lakhbir Constructions – Appellant
Versus
Union of India – Respondent
JUDGMENT :
JASGURPREET SINGH PURI, J.
1. The present is a petition filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’), seeking appointment of an independent arbitrator in the present case.
2. Learned counsel for the petitioner submitted that there exists a valid work agreement between the parties, wherein an arbitration clause exists. The same has been attached with the present petition as Annexure P-1 and at Paragraph No.70 it has been so provided that all disputes, between the parties to the Contract (other than those for which the decision of the CWE 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 serving officer having degree in engineering or equivalent or having passed final/direct final examination of Sub Division-II of Institution of Surveyor (India) recognized by Government of India, to be appointed by the authority mentioned in the tender documents.
3. He submitted that in the aforesaid arbitration clause, it has been so provided that sole arbitrator shall be the serving
The main legal point established is the court's adherence to the narrow examination of the existence of an arbitration agreement under Section 11(6A) and the emphasis on expeditious disposal of Secti....
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