invoked arbitration on 10.03.2023. With the mutual consent of the parties, a Sole Arbitrator was appointed. The Petitoiner/Claimant invoked Clause 25 of the Agreement and referred 4 fresh claims emanating out of the same cause of action to the Executive Engineer. The Executive Engineer denied referring the said claims to the Ld. Sole Arbitrator on the ground that the claims were not substantiated by the Claimant. The Ld. Sole Arbitrator found that under the scheme of Clause 25 of the Agreement, the Ld. Sole Arbitrator can only adjudicate claims that have been referred to it, and therefore, unless the said 4 fresh claims are referred, they cannot be adjudicated by the Ld. Sole Arbitrator. The Petitioner, thereafter, filed an petition before this Court under Section 11 of the A&C Act being ARB. Pet. No. 1337/2024 seeking appointment of an Arbitrator in respect of the said additional 4 claims. In the given facts, this Court referred the additional claims to the Ld. Sole Arbitrator vide Order dated 29.04.2025. The Ld. Sole Arbitrator in his Order dated 17.07.2025 took note of the additional claims referred to him by this Court. The Ld. Sole Arbitrator noted that despite repeated Orders, the parties are yet to submit written express agreement under Section 12(5) of the A&C Act and once again directed the parties to file the said agreement within a period of 15 days. It is stated that the Respondent failed to give waiver under Section 12(5) of the A&C Act in respect of the Ld. Sole Arbitrator already appointed and undertaking arbitration proceedings between the parties.
