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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW BENCH
SUBHASH VIDYARTHI
Nagory Foster Pvt. Ltd. – Appellant
Versus
Union of India through General Manager, Northern Railways – Respondent
| Table of Content |
|---|
| 1. appointment of sole arbitrator (Para 1 , 2 , 3) |
| 2. invocation of arbitration clause (Para 4) |
JUDGMENT :
SUBHASH VIDYARTHI, J.
1. On 04.09.2025 a coordinate Bench of this court has passed the following order:
"1. Heard Sri Suyash Manjul, learned counsel for the petitioner and Sri Varun Pandey, learned counsel for the respondent-Railways.
2. The instant petition has been preferred under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of a sole Arbitrator.
3. It is urged that an agreement was entered between the parties relating to disputes arisen under an Engineering Contract dated 25.01.2023.
4. It is urged that the said contract by a reference incorporated the conditions of the General conditions of contract as applicable to Railways and in Clause 64, it provides for a comprehensive Dispute Resolution Mechanism.
5. It is urged that since disputes had arisen between the parties, accordingly, the petitioner by means of his notice dated 23.01.2024 had invoked the arbitration clause and required the respondents to cooperate in appointment of a sole arbitrator.
6. It is also urged that despite service of the said notice, the respondents did not p
The court confirmed that a person ineligible to act as an arbitrator cannot appoint one, necessitating judicial appointment for dispute resolution under the Arbitration and Conciliation Act.
The court emphasized the necessity of appointing an independent Sole Arbitrator for arbitration disputes, following the principles established in prior Supreme Court judgments.
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 court emphasizes that failure to comply with the arbitration clause entitles the petitioner to seek judicial appointment of an arbitrator.
The arbitration clause was deemed unenforceable due to disqualification under the amended Arbitration and Conciliation Act, 1996.
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 requirement for the court to nominate a sole Arbitrator to decide disputes and differences between the parties, as per the provisions of the Ar....
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