A Section 11 arbitration petition seeking appointment of a sole arbitrator for construction work disputes under an agreement with GNCTD. The court allowed the petition, directing DIAC to appoint a sole arbitrator meeting the contract's qualification criteria, with arbitration held under DIAC.
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ASHOK KUMAR SINGHAL SOLE PROPRIETOR OF M C CONSTRUCTION CO. .....Petitioner
.....Petitioner
Through: Mr. Saurav Singh Yadav, Adv.
versus
GOVT. OF NCT OF DELHI .....Respondent Through: Mr. Tushar Sannu, Mr. Sahay Karan Singh, Advs. with Mr. Bichittar Singh, EE PWD, West and Mr. Radhe Shyam, AE, PWD, West.
CORAM: HON'BLE MR. JUSTICE JASMEET SINGH
O R D E R
I.A. 7570/2024-EX.
ARB.P. 443/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/08/2024 at 11:35:39
of Rohtak Road (NH-10) from Metro Pillar No. 410-570 Mundka Industrial Area.
“[ .. .]
25.2 Arbitration: If the aforesaid conciliation proceedings fail or the Conciliator fails to give proposal for settlement within the aforesaid period, either party may promptly give notice in the proforma prescribed in Appendix XVIII, under intimation to the other party, to the Chief Engineer or the Superintending Engineer concerned with the work (as applicable), hereinafter referred to as the Arbitrator Appointing Authority as indicated in Schedule F, for appointment of Arbitrator. However, a party may seek appointment of Arbitrator without taking recourse to the process of conciliation mentioned in sub-clause 25. 1above.
In the event of either party giving a notice to the Arbitrator Appointing Authority for appointment of Arbitrator, the said Authority shall appoint Arbitrator as per the procedure given below and refer such disputes to arbitration.
or more, the disputes may be referred to an Arbitral Tribunal of three Arbitrators.
(b) Qualification of Arbitrators: It is a term of this contract that each member of the Arbitral Tribunal shall be Graduate Engineer with experience in execution of public works engineering contracts, and he should have worked earlier at a level not lower than the Chief Engineer (equivalent to level of Joint Secretary to the Government of
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/08/2024 at 11:35:39
India). The aforesaid educational qualification and work experience shall be mandatory for appointment as Arbitrator:
The age of Arbitrator at the time of appointment shall not exceed 75 years. An Arbitrator may be appointed notwithstanding the total number of active arbitration cases with him.
(c) Parties to select Arbitrator: Based on the criteria specified above, a list of empanelled Arbitrators has been prepared in CP WD, and the parties shall have option to select an Arbitrator from the list sent to them.
[. . .]
25.3 Appointment of Sole Arbitrator: The parties may opt for appointment of the Arbitrator of the Ministry of Housing and Urban Affairs. In such cases, the party seeking arbitration has to submit an express agreement in writing as per Appendix XIX towards waiver of Section 12(5) of the Arbitration and Conciliation Act, 1996 along with the notice for appointment of Arbitrator in the proforma prescribed in Appendix XVIII, under intimation to the other party. The Arbitrator Appointing Authority shall, within 30 days of receipt of the said notice, appoint Arbitrator of the Ministry of Housing and Urban Affairs as Arbitrator in the matter, provided the other party also submits waiver of Section 12(5), ibid in Appendix XIX within 7 days of the receipt of the said notice.
Where any one of the parties does not opt for the Arbitrator of the Ministry of Housing and Urban Affairs, or does not submit the waiver agreement, the Arbitrator Appointing Authority shall propose five Arbitrators (rom the list of CPWD Empanel/ed
Arbitrators to the party seeking arbitration under intimation to the other party within 15 days of receiving the notice. The party seeking arbitration shall give his choice for one of them within 15 days of receiving the list, and the Arbitrator Appointing
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/08/2024 at 11:35:39
Authority shall appoint the chosen person as the Sole Arbitrator within 15 days of the receipt of choice. It is a term of this arbitration agreement that if the parties (ail to select, within the period prescribed above, an Arbitrator of their choice from the list of CPWD Empanelled Arbitrators forwarded to them, the Arbitrator Appointing Authority shall himself select and appoint Arbitrator from the said list.
[ .. .]"
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/08/2024 at 11:35:39
the Fourth Schedule of the Arbitration & Conciliation Act, 1996.
JASMEET SINGH, J
AUGUST 7, 2024/NG
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/08/2024 at 11:35:39
1 issue framed by the court
Whether a sole arbitrator should be appointed under Clause 25.2(b) of the Agreement dated 10.05.2023 for adjudication of disputes between petitioner and respondent.
Colour shows how this judgement treated each authority
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2024:INSC:532 · Who else cites this
3 provisions across 2 enactments
Ashok Kumar Singhal Sole Proprietor of M C Construction Co.
Govt. of NCT of Delhi
Jasmeet Singh
As recorded by the court registry
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