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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
SUBHASH VIDYARTHI
Progressive Construction Company Thru. Partner/ Authorized Signatory Badelal – Appellant
Versus
Engineer-In-Chief And H.O.D., Pwd – Respondent
JUDGMENT :
SUBHASH VIDYARTHI, J.
1. Heard Shri Abhishek Dwivedi, Advocate holding brief of Shri Vipul Rai, the learned counsel for the applicant and Shri S.K. Khare, the learned Standing Counsel for the State.
2. By means of the instant application filed under Section 11(6) of the Arbitration and Conciliation Act, the applicant is seeking appointment of an arbitrator for adjudication of the disputes between the parties arising out of a contract dated 06.11.2015.
3. Clause 25.1.3 of the agreement contains an arbitration clause. The applicant had requested the opposite parties for appointment of arbitrator as per the aforesaid arbitration clause.
4. On 06.12.2024, the Executive Engineer, Construction Division-II, Public Works Department wrote a letter to the Superintending Engineer, Hamirpur Circle, Public Works Department, Hamirpur recommended appointment of an arbitrator as per the Clause 25.1.3 but when arbitrator was not appointed in spite of this recommendation, the applicant has filed this application.
5. The opposite parties have filed objections against the application which principally contains pleas of the opposite parties disputing the correctness of the claims of the applicant.
The court can appoint a sole arbitrator despite an arbitration clause specifying multiple arbitrators if the parties fail to make the necessary appointments, promoting efficiency and reducing costs.
The appointment of the arbitrator must be in accordance with the arbitration agreement and must satisfy the provisions of the arbitration act.
Appointment of Arbitrator – Once dispute has arisen between parties and despite invocation of arbitration clause in terms of agreement no Arbitrator is appointed, it can be said that authority has fo....
The party with the right to appoint a sole arbitrator should not have the power to appoint a sole arbitrator when they have an interest in the outcome of the dispute.
Compliance with Section 21 for notice invoking the arbitration clause is necessary for arbitration proceedings to commence.
The main legal point established in the judgment is the necessity to adhere to the arbitration clause in the contract and the failure of the respondent to appoint an arbitrator in accordance with the....
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