AI Overview...
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Clause 63 of GCC - Mandates that disputes arising out of the contract should be referred to the General Manager (GM) of the Railway for resolution before initiating arbitration. It specifies procedures for dispute referral and timelines for response. Dharam Pal Maddar VS Union of India - Punjab and Haryana, Shakti Builders VS Divisional Railway Engineer (West), North Western Railway, Jodhpur - Rajasthan, Jagannathdham Superstructures Pvt. Ltd. VS General Manager, East Coast Railways - Orissa, R. Venkat Reddy, Hyderabad VS Union of India - Andhra Pradesh, Tantia Constructions Limited VS Union Of India - Calcutta
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Clause 64 of GCC - Details the arbitration process, including the requirement to make a formal demand for arbitration, appointing an arbitrator either through the Railway's internal mechanism or directly under the Arbitration and Conciliation Act, 1996, Section 11(6). It also prescribes the procedure for constituting an arbitral tribunal, including timelines and necessary notices. Dharam Pal Maddar VS Union of India - Punjab and Haryana, Diksha Enterprises VS Union of India - Jharkhand, Shakti Builders VS Divisional Railway Engineer (West), North Western Railway, Jodhpur - Rajasthan, Jagannathdham Superstructures Pvt. Ltd. VS General Manager, East Coast Railways - Orissa, Ms ATW (India) Pvt. Ltd. VS Union Of India - Gauhati, Beaver Infra Consultants Pvt. Ltd. VS Union Of India - Gauhati, R. Venkat Reddy, Hyderabad VS Union of India - Andhra Pradesh, Tantia Constructions Limited VS Union Of India - Calcutta
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Section 11(6) of the Arbitration and Conciliation Act, 1996 - Empowers courts to appoint arbitrators when parties' arbitration agreements or clauses (like GCC Clauses 63 and 64) are invoked but parties fail to agree on an arbitrator or dispute resolution process. The courts consider whether the dispute falls within the scope of the arbitration clause and whether procedural requirements have been met. Dharam Pal Maddar VS Union of India - Punjab and Haryana, Diksha Enterprises VS Union of India - Jharkhand, Shakti Builders VS Divisional Railway Engineer (West), North Western Railway, Jodhpur - Rajasthan, Tantia Constructions Limited VS Union Of India - Calcutta, Jagannathdham Superstructures Pvt. Ltd. VS General Manager, East Coast Railways - Orissa, Ms ATW (India) Pvt. Ltd. VS Union Of India - Gauhati, R. Venkat Reddy, Hyderabad VS Union of India - Andhra Pradesh
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Main issues identified in case law:
- Non-compliance with the procedural steps outlined in Clauses 63 and 64 (e.g., failure to refer disputes to GM or to make a formal arbitration demand) can lead to rejection of arbitration claims or jurisdictional challenges. Shakti Builders VS Divisional Railway Engineer (West), North Western Railway, Jodhpur - Rajasthan
- The courts have emphasized the importance of adhering to the contractual dispute resolution procedures before approaching courts under Section 11(6). Jagannathdham Superstructures Pvt. Ltd. VS General Manager, East Coast Railways - Orissa, Beaver Infra Consultants Pvt. Ltd. VS Union Of India - Gauhati
- When disputes are properly referred, and procedural requirements are met, courts tend to uphold the appointment of arbitrators under Section 11(6). Dharam Pal Maddar VS Union of India - Punjab and Haryana, Diksha Enterprises VS Union of India - Jharkhand
- The Railway authorities or contractors can invoke these clauses to initiate arbitration or challenge jurisdiction, depending on compliance with procedural steps. Tantia Constructions Limited VS Union Of India - Calcutta, SREE DHANYA CONSTRUCTION COMPANY vs UNION OF INDIA REP BY CHIEF ENGINEER S.R - Kerala
Analysis and Conclusion: Clauses 63 and 64 of the GCC provide a structured dispute resolution mechanism involving referral to the Railway's General Manager and subsequent arbitration under the Arbitration and Conciliation Act, 1996. Section 11(6) empowers courts to appoint arbitrators when parties fail to do so or when procedural requirements are not met. Courts have consistently held that strict adherence to contractual procedures (referral to GM, formal arbitration demand) is essential before seeking judicial intervention. Non-compliance can result in dismissal or rejection of arbitration petitions, emphasizing the importance of following the stipulated dispute resolution process in railway contracts.
Search Results for "Clause 63 and 64 Gcc Railways Section 11 6 Arbitration and Concilliation Act 1996"
2018 0 Supreme(P&H) 2489 • India - Punjab and Haryana
KRISHNA MURARI
Arbitration - Appointment of Arbitrator - Arbitration and Conciliation Act, 1996, Section 11(6) Fact of the Case: The petitioner sought appointment of an arbitrator under section 11(6) of the Arbitration and Conciliation Act, 1996, due to disputes ... clauses 63 and 64, which required disputes to be referred to the railway au....
2023 0 Supreme(Jhk) 803 • India - Jharkhand
SHREE CHANDRASHEKHAR
63 and 64 - Section 11(6) of the Arbitration and Conciliation Act 1996 Fact of the Case: M/s Diksha Enterprises sought ... of the AC Act without resorting to the in-house mechanism provided under Clause-64 of GCC-14. ... Arbitration Application - Appointment of Arbitrator - Indian Railways Standard General Conditions of Contract, July 2014 - Clauses#H....
2018 0 Supreme(Raj) 1031 • India - Rajasthan
ARUN BHANSALI
ARBITRATION - SETTLEMENT OF DISPUTES - CLAUSE 63 AND 64 OF THE STANDARD GENERAL CONDITIONS OF CONTRACT (GCC) - REFERENCE OF DISPUTE ... The applicant did not refer the dispute to the GM as required by Clause 63 of the GCC and did not make a demand for arbitration to ... The court also noted that the applicant failed to make a demand for arbitration to the GM as required by Clause 64#HL_E....
2021 0 Supreme(Cal) 177 • India - Calcutta
ASHIS KUMAR CHAKRABORTY
Arbitration - Appointment of Sole Arbitrator - Arbitration and Conciliation Act, 1996 - Section 11(6) - Contract No.CE/C/VI/71 ... due to the introduction of sub-section (5) of section 12 and the Seventh Schedule to the Act of 1996. ... of 2012-2013 - Clause 63, 64(1) and 64(3)(a)(ii) of the General and Special Conditions of Contract (#HL_START....
2015 0 Supreme(Ori) 176 • India - Orissa
AMITAVA ROY
- Agreement and general conditions of contract (GCC) - In terms of Clause 63 of the GCC, all disputes and differences arising out ... as required under Clause 64 (3) (a) (ii) of the GCC prescribing the procedure for constitution of an Arbitral Tribunal as warranted ... ARBITRATION AND CONCILIATION ACT, 1996 - Sec. 11 (6) - Appointment of Arbitrator - Termination of contract - Arbitrable dispute .....
2024 0 Supreme(Gau) 286 • India - Gauhati
MICHAEL ZOTHANKHUMA
Arbitration - Dispute Resolution - Arbitration and Conciliation Act, 1996, Section 11(6) - Clause 63 & 64 ... under Section 11(6) of the 1996 Act. ... The petitioner sought appointment of an Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1....
2024 0 Supreme(Gau) 287 • India - Gauhati
MICHAEL ZOTHANKHUMA
Arbitration - Dispute Resolution - Arbitration and Conciliation Act, 1996, Section 11(6) - Clause 10.1 of ... Issues: Validity of Arbitration Clause under Section 11(6) of the 1996 Act, applicability of Clause 10.1 of ... Petitioner approached the Court for appointment of an Arbitrator under Section #HL_STAR....
2003 0 Supreme(AP) 382 • India - Andhra Pradesh
T.CH.SURYA RAO
Arbitration and Conciliation Act, 1996 - Section 11 (6) – Arbitration Agreement – Appointment of Arbitrator ... , There has been an agreement between the parties and Clauses 63 and 64 of the GCC envisage the resolution of the disputes between ... the parties inter se by arbitration. ... As per Clause 63 of the GCC after expiry of 120 days and w....
2009 0 Supreme(Cal) 622 • India - Calcutta
S.S.NIJJAR, BISWANATH SOMADDER
and Conciliation Act, 1996 (1996 Act) in a dispute between the appellant Railway Authority and the respondent contractor. ... Fact of the Case: An award was made by a sole arbitrator appointed by the Chief Justice under section 11 of the Arbitration ... The appellant challenged the award on the ground of lack of jurisdiction of the arbitrator based on Clause 63(3)(a)(iii) of the General ... Section 11#H....
2007 Supreme(Online)(KER) 4910 • India - High Court of Kerala
PIUS C.KURIAKOSE, J
case (2005 (2) KLT 734), that the Railways will not have the authority once the Chief Justice is moved by the contractor under Section 11 of the Act. ... Annexure-A4 is attested true copy of the arbitration clause in the agreement. Annexure-A1 is copy of the letter dated 11.2.2004 by which the arbitration clause was invoked and the claims of the applicant were intimated to the respondents. ... (2005 (1) KLT 763) over the issue as ....
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