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 the arbitral award dated 30.09.2022 (for brevity „the award‟).

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 respondent was awarded a work contract originating from Bharat Sanchar Nigam Limited (BSNL) tender which was sub-contracted on back to back basis. The respondent issued Letter of Intent dated 26.03.2015 for execution of work relating to obtaining row, survey, trenching, laying, installation, testing & commissioning of optical fibre cable, PLB duct and accessories for construction of Exclusive Optical National Long Distance (NLD) backbone and optical access route for defence network for specified part of package „F‟ totaling to 365 km (approx.) in the States of West Bengal and Jharkhand.

3.1 On 15.05.2015, the work order was issued and work was to be completed by 31.12.2015. There was a delay in handing over the site consequently, dispute arose between the parties to the lis. Clause 23 of the G