JUDGMENT (ORAL)

12.08.2024

1. This is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, “the1996Act”hereinafter for appointment of an Arbitrator to arbitrate on the disputes between the parties.

2. The disputes arise in the context of an Engineering, Procurement and Construction (EPC) Contract dated 1 June 2020, executed between the petitioner and the respondent. The petitioner was contracted for transforming a two lane stretch of NH 117 to a 4 lane stretch.

3. Article 26 of the contract between the parties envisages resolution of disputes by arbitration. Sub Article 26(1), 26(2) and 26.3(i) thereof, read thus :

“26.1DisputeResolution

(i) Any dispute, difference or controversy of whatever nature howsoever arising under or out of or in relation to this Agreement (including its interpretation) between the Parties, and so notified in writing by either Party to the other Party (the "Dispute") shall, in the first instance, be attempted to be resolved amicably in accordancewiththeconciliationprocedureset forthin Clause26.2.

(ii) The Parties agree to use their best efforts for resolving all Disputes arising under or in respect of this Agreement promptly, equitably and