The Kerala High Court appointed Mr. Justice K. John Mathew as the Presiding Arbitrator after the two party-nominated arbitrators failed to reach a consensus, pursuant to Section 11(6)(b) of the Arbitration and Conciliation Act, 1996.
Appointment of Mr. Justice K. John Mathew as Presiding Arbitrator.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
MONDAY, THE 1ST DAY OF OCTOBER 2012/9TH ASWINA 1934
AR.No. 43 of 2012 ()
PETITIONER(S):
M/S.MERCATOR LTD., (FORMERLY KNOWN AS MERCATOR LINES LTD.) A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT 3RD FLOOR, MITTAL TOWER, B.WING, NARIMAN POINT, MUMBAI-400 021, REPRESENTED HEREIN BY ITS ASSISTANT MANAGER - LEGAL, MS.MEETA JAIN.
BY SRI.ABRAHAM VAKKANAL,SENIOR ADVOCATE BY ADV. SRI.SUNIL SHANKER
SRI.PAUL ABRAHAM VAKKANAL SRI.DIJO SEBASTIAN
RESPONDENT(S):
THE BOARD OF TRUSTEES OF COCHIN PORT TRUST, A BODY CORPORATE ESTABLISHED UNDER MAJOR PORT TURST ACT,1963, HAVING ITS OFFICE AT WILLINGDON ISLAND COCHIN-682 003, REPRESENTED BY ITS CHAIRMAN.
BY ADV. SRI. MATHEWS K.UTHUPPACHAN
THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION ON 01-10-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
AR NO.43/2012
APPENDIX
PETITIONER'S ANNEXURES:
| ANNEX.A: | COPY OF THE AGREEMENT ALONG WITH THE GENERAL CONDITIONS OF CONTRACT, TECHNICAL SPECIFICATIONS AND SPECIAL CONDITIONS OF CONTRACT DTD. 27/05/2011. |
|---|---|
| ANNEX.B: | COPY OF THE NOTICE SENT BY PETITIONER TO RESPONDENT DTD. 28/05/2012. |
| ANNEX.C: | COPY OF TE NOTICE SENT BY PETITIONER TO RESPONDENT DTD. 5/06/2012. |
| ANNEX.D: | COPY OF THE REPLY OF RESPONDENT TO PETITIONER DATED 28/06/2012. |
| ANNEX.E: | COPY OF THE LETTER SENT BY PETITIONER TO BOTH ARBITRATORS DATED 17/07/2012. |
| ANNEX.F: | COPY OF THE LETTER RECEIVED BY PETITIONER FROM CAPT. V.K.GUPTA (ARBITRATOR). |
RESPONDENT'S ANNEXURES: N I L
/TRUE COPY/
P.S.TO JUDGE
Kss
P.R. RAMACHANDRA MENON, J.
ARBITRATION REQUEST NO.43 of 2012 .
Dated this the 1st October, 2012
J U D G M E N T
This Application is filed for appointment of a third/ Presiding Arbitrator for resolution of the dispute arising under Annexure -A agreement dated 27.05.2011, as provided under Section 11(6)(b) of the Arbitration and Conciliation Act, 1996.
ARBITRATION REQUEST NO.43 of 2012 . 2
relevant terms vide Annexure-A dated 27.05.2011 for
completing the project for an aggregate sum of Rs. 60.80
crores .
ARBITRATION REQUEST NO.43 of 2012 . 3
per clause '2.38' of the Special Conditions of the Contract, by sending Annexure-E letter dated 17.07.2012. While so, the petitioner was let known by Annexure-F letter dated 19.08.2012 sent by the Arbitrator nominated by the petitioner, that the Arbitrators nominated by the parties could not arrive at a consensus as to the Presiding Arbitrator, which made the petitioner to approach this Court seeking for appropriate reliefs.
ARBITRATION REQUEST NO.43 of 2012 . 4
Court.
Arbitration request is disposed of accordingly.
P.R. RAMACHANDRA MENON, JUDGE.
lk
2 issues framed by the court
Whether the court has the power to appoint a Presiding Arbitrator when the two appointed arbitrators fail to agree on the selection of the Presiding Arbitrator?
Whether the procedure for appointment of Presiding Arbitrator under the contract and statute requires court intervention when arbitrators are deadlocked?
1 provisions across 1 enactments
M/s. Mercator Ltd.
The Board of Trustees of Cochin Port Trust
P.R. Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
