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HIGH COURT OF KARNATAKA
MR R DEVDAS, J
M/S. GPNR CONSTRUCTIONS – Appellant
Versus
UNION OF INDIA – Respondent
| Table of Content |
|---|
| 1. filing of petition for appointing arbitrator. (Para 1) |
| 2. arguments regarding compliance with arbitration clause. (Para 2 , 3 , 4) |
| 3. legal significance of timely nominations. (Para 5) |
| 4. court's observations on nomination delays. (Para 6 , 7) |
| 5. final order for appointing an arbitrator. (Para 8) |
ORDER
R.DEVDAS J., (ORAL):
This Civil Miscellaneous Petition is filed under Section 11 (6) of the Arbitration and Conciliation Act , 1996, seeking for appointment of a sole arbitrator to resolve the disputes and outstanding issues between the parties in accordance with the provisions of the Agreement bearing No.CAO/ CN/ BNC/ 73860/ A/ 201/ XII/ 2014, dated 29.12.2014 at Annexure-B.
2. There is no dispute between the parties insofar as the arbitration Clause being available for the parties to be invoked. However, the only contention sought to be raised at the hands of respondent-Railway authorities is that when the petitioner invoked the arbitration clause by issuing a notice dated 18.10.2021, the petitioner did not annex a written waiver regarding the applicability of sub- section (5) of Section 12 of Arbitration and Conciliation (Amendment) Act, 2015. It is therefore sought
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