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SAUMITRA DAYAL SINGH
Tata Projects Ltd. – Appellant
Versus
Central Organization for Railway Electrification – Respondent
JUDGMENT :
SAUMITRA DAYAL SINGH, J.
1. Heard Sri. Rahul Agarwal, learned counsel for the applicant and Sri. Navneet Chandra Tripathi, learned counsel for the opposite party.
2. Present is an application filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’). The application was filed on 12.07.2019 with a prayer to appoint an independent arbitrator, to adjudicate the disputes that have arisen between the parties under a written contract dated 01.03.2010 entered into between the applicant and the Chief Project Manager, Railway Electrification for the work “Design, Supply, Erection, Testing and Commissioning of 25 KV, AC, 50 Hz, Single Phase, Traction Overhead Equipments, Switching Stations, Booster Transformer Stations, LT Supply Transformer Stations and All Ancillary Equipments Madurai (Excl.)-Tuticorin- Vanchimaniyanchi-Nagercoil (Excl.) of Southern Railway” valued at Rs. 24,97,54,357/- (Rupees Twenty Four Crores Ninety Seven Lakhs Fifty Four Thousand Three Hundred Fifty Seven only).
3. Before approaching this Court, the applicant had issued the statutory notice dated 31.12.2018, invoking arbitration. Referring to Section 12(5) of th
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The court affirmed that the claimant must secure the necessary Airport Entry Permits and upheld the arbitration award, ruling no breach by the respondent; consent regarding the arbitrator's appointme....
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 ....
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.
An employee of the respondent or even a retired employee would be ineligible to be appointed as an arbitrator. The panel of arbitrators should be broad-based and should include persons with diverse b....
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....
The main legal point established in the judgment is the importance of impartiality and independence of arbitrators, as well as the need for a balanced approach to arbitration, as emphasized by the in....
The court reinforced that impartiality and independence of arbitrators is essential, disqualifying those with vested interests under Section 12(5) of the Arbitration and Conciliation Act, 1996.
Arbitration - Merely because the panel of arbitrators are the retired employees who have worked in the Railways, it does not make them ineligible to act as the arbitrators.
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