$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 23.04.2026 + O.M.P. (COMM) 273/2018 & I.A. 8624/2018 BHARAT HEAVY ELECTRICLAS LIMITED .....Petitioner Through: Ms. Mani Gupta & Ms. Sonali Jain, Advs.

versus OFFSHORE INFRASTRUCTURE LIMITED .....Respondent Through: Mr. Gaurav Dudeja, Adv.

CORAM:

HON'BLE MR. JUSTICE AVNEESH JHINGAN AVNEESH JHINGAN, J. (ORAL)

1. This petition is filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for short „the Act‟) seeking setting aside of arbitral award dated 21.12.2017.

2. The short issue is that whether the unilateral appointment of the sole arbitrator is in violation of amended Section 12(5) of the Act.

3. The brief facts are that the petitioner was awarded a work contract by M/s HPCL Mittal Energy Limited, valuing Rs.15,97,99,800/-. The petitioner further gave a sub contract to the respondent vide Letter of Intent dated 28.05.2010. Dispute arose between the parties to the lis. Clause 33 of the General Conditions of Contract (for short „GCC‟) reproduced below provides for dispute resolution through arbitration.

“33.0 ARBITRATION: All disputes between the parties to the contract arising out of or in relation to the con