Avinash Tiwari, Proprietor of Prism Enterprises. v. Inst. of Petroleum, Safety, Health and Env. Management, Oil and Natural Gas Corp. Ltd.,Thr. Officer
Arbitration and Conciliation Act, 1996 – Section 11 – Appointment of arbitrator
Case brief
What is this about?
BHC-Goa, AAR No.16 of 2024, Valmiki Menezes J., decided 04-07-2025: Section 11 Arbitration and Conciliation Act 1996 application by Avinash Tiwari (Prism Enterprises) against Institute of Petroleum, Safety, Health & Environment Management (ONGC Ltd.); sole arbitrator appointed (Justice Bharat P. Deshpande, Retd.) for disputes under Annual Maintenance Contract dated 20.03.2023 (arbitration clause 27); Respondent's objections - termination on 29.05.2024 for forged documents, non-arbitrability, parallel MSME proceedings - held to be Section 16 matters for the tribunal; seat Panaji, Goa; fees per 4th Schedule and Bombay High Court (Fee payable to Arbitrators) Rules 2018 shared equally; application disposed, no costs.
What did the court decide?
Appointment of Mr. Justice Bharat P. Deshpande, a Retired Judge of the Court, as Sole Arbitrator for disputes arising out of the Annual Maintenance Contract dated 20.03.2023; copy of order to be communicated to the arbitrator within one week; disclosure under Sections 11(8) and 12(1) to be filed; fees per the 4th Schedule of the Arbitration and Conciliation Act, 1996 read with the Bombay High Court (Fee payable to Arbitrators) Rules, 2018, arbitral costs and fees borne equally by the parties subject to the final award; seat of arbitration at Panaji, Goa; no order as to costs.