%

10.01.2023

1.

This petition has been filed under Section 11 of the Arbitration and

Conciliation Act, 1996 (hereinafter referred to as the ‘Act’) seeking

appointment of a Sole Arbitrator for adjudicating the disputes that have

arisen between the parties in relation to the Contract Agreement bearing CA

No. DGMAP/PH-IVPKG-27/B/R&C/05 OF 2015-16.

2.

The Arbitration Agreement between the parties is contained in Clause

60 of the General Conditions of Contract.

3.

Disputes having arisen between the parties, the petitioner invoked the

Arbitration Agreement vide notice dated 20.07.2022. As the respondents

failed to appoint a Sole Arbitrator, the present petition was filed.

4.

Herein, it must be noticed that the arbitration agreement provides that

the serving officer of the respondents shall be appointed as the Sole

Arbitrator, however, in view of the judgment of the Supreme Court in

Perkins Eastman Architects v. HSCC (India) Ltd. AIR 2020 SC 59, the

said clause, in absence of an express waiver by the petitioner, would no

longer be enforceable.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code sho