R.K.Mishra and Sons v. Union of India and Anr. through Its the Chairman and Anr.
Case brief
What is this about?
appointment of sole arbitrator; Section 11 Arbitration Act application; GCC Clause 14.2 arbitration clause; Clause 1.7 Instructions for Preparation and Submission of Tender; General Conditions of Contract part of contract; works contract 10 August 2018; deposit amounts retained; notice under Section 21 Arbitration Act; Union of India; R.K. Mishra & Sons; existence and applicability of arbitration clause expressly kept open; Firoz Bharucha sole arbitrator; seat governed by agreement; Section 11(8) read with Section 12(1) disclosure; arbitral costs equally; Bombay High Court OOCJ; commercial arbitration application disposed; prima facie referral to arbitration.
What did the court decide?
Appointment of Mr. Firoz Bharucha, Advocate, as sole Arbitrator to adjudicate the disputes arising out of the works contract, with ancillary directions: copy of order to be communicated to the Arbitrator within one week; seat of arbitration per the parties' agreement; statutory Statement of Disclosure under Section 11(8) read with Section 12(1) to be forwarded; parties to appear before the Arbitrator; arbitral costs and fees borne equally in the first instance; all contentions and issues, including existence and applicability of the arbitration clause, left open.