Hariom Projects Pvt. Ltd. v. Military Engineer Services through Chief Engineer
Case brief
What is this about?
Section 11 Arbitration and Conciliation Act 1996 — appointment of sole arbitrator; Hariom Projects Pvt. Ltd. v Military Engineer Services (Chief Engineer); Bombay High Court OOCJ Commercial Arbitration Applications Nos. 106, 78, 92 of 2024; Justice Somasekhar Sundaresan; arbitrator Mr B. Poiyaamozhi (Retd. Development Advisor, Ministry of Shipping); arbitration clause Condition 70 General Conditions of Contract; Work Orders 30 June 2016, 9 April 2014, 10 January 2015; joint reference of three applications for economies of scale; Sections 11(8) and 12(1) disclosure; equal sharing of tribunal costs; merits expressly kept open.
What did the court decide?
All three Section 11 applications finally disposed of with the disputes referred to arbitration: Mr. B. Poiyaamozhi appointed Sole Arbitrator; order to be communicated to the arbitrator within one week of upload; statutory disclosure under Sections 11(8)/12(1) to be filed with the Registry and shared; parties to appear before the arbitrator and provide contact particulars; arbitral tribunal costs borne equally in the first instance, subject to the final award on costs; all merits issues left open.