The High Court appointed a former judge as sole arbitrator because the Railways failed to appoint one within the agreed 60-day period. The court rejected using a Railways employee as arbitrator due to statutory prohibitions on independence.
Appointment of Justice N. Authinathan as Sole Arbitrator to adjudicate the dispute between the parties.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 19.01.2018
CORAM
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
O.P. No.931 of 2017
R.Selvaraj Plot No.14, K.K.Garden, Mullai Nagar, Suramangalam, Salem – 636 005.
.. Petitioner
-vs-
Prayer: Petition filed under Section 11(6) of the Arbitration & Conciliation Act, 1996 to appoint a Sole competent, independent and impartial Arbitrator to adjudicate the dispute between the parties.
For Petitioner :M/s.P.J.Rishikesh P.J.Sri Ganesh
For Respondents : Mr.P.T.Ramkumar
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O R D E R
This application is filed praying for the appointment of a sole arbitrator to adjudicate upon disputes that have arisen between the parties out of an agreement dated 17.03.2014 in respect of Gauge conversion work.
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indicates that even if such appointment had been made in a timely manner, it would have been in accordance with the guidelines issued by the Railway Board as per which a serving officer of the Railways
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Dr.ANITA SUMANTH,J.
would have been appointed. This is impermissible in the light of Section 12(5) read with the Seventh Schedule to the Act, which prohibits an employee of a party to the arbitration to serve as an
Arbitrator. In the light of the above discussion, this petition is allowed.
8.I, thus, appoint Mr.Justice.N.Authinathan, Former Judge of this Court, as the Sole Arbitrator to enter upon reference and adjudicate the disputes inter se the parties. He is requested to after issuing notice to the parties and upon hearing them, pass an
award as expeditiously as possible, preferably within a period of six months from the date of receipt of the order. The learned Arbitrator is at liberty to fix his remuneration and other incidental expenses. The proceedings may be conducted under the aegis of the Madras High Court Arbitration Centre and in accordance with the Madras High Court Arbitration Rules.
9.The Original Petition is, accordingly, allowed, leaving the
parties to bear their own costs.
19.01.2018
msv/sl
O.P. No.931 of 2017
3 issues framed by the court
Whether to appoint a sole arbitrator due to the Railways' failure to do so within the stipulated agreement period.
Whether an employee of a party to the arbitration can serve as an arbitrator under Section 12(5) of the Arbitration & Conciliation Act, 1996.
Whether the concerned officer's appointment as arbitrator violates the independent and impartial nature required under the Act.
2 provisions across 1 enactments
R. Selvaraj
Deputy Chief Engineer, Works, Construction, Southern Railway
Chief Engineer, Construction, Southern Railway
Union of India
Dr. Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
