Case Note & Summary
The dispute arose between a contractor and the Army Welfare Housing Organisation regarding a construction contract awarded on 8.5.1990. The contract included an arbitration clause stipulating that disputes would be referred to a sole arbitrator appointed by the Chairman of the Army Welfare Housing Organisation. Following a court order on 17.5.2006, the respondent submitted an affidavit nominating three potential arbitrators. The appellant's counsel selected Mr. Satish Chandar from the panel, and both parties agreed to his appointment as the sole arbitrator. The court directed that the sole arbitrator adjudicate the disputes from the point where the previous arbitrator had left off and complete the proceedings within six months. The interim order was vacated, and the sole arbitrator was instructed to submit his award to the court.
Headnote
A) Arbitration Law - Appointment of Sole Arbitrator - Nomination of Arbitrator - Arbitration Agreement - The court directed the appointment of a sole arbitrator to resolve disputes as per the arbitration clause in the contract. The parties consented to the nomination of Mr. Satish Chandar as the sole arbitrator, who is to adjudicate the disputes from the stage where the previous arbitrator could not proceed. The sole arbitrator is required to complete the arbitration proceedings within six months from the date of entering upon the reference (Paras 1-3).
Issue of Consideration
Whether the court should appoint a sole arbitrator to adjudicate the disputes between the parties as per the arbitration clause in the contract.
Final Decision
The court appointed Mr. Satish Chandar as the sole arbitrator to adjudicate the disputes between the parties, directing him to complete the arbitration proceedings within six months and submit his award to the court.
Law Points
- Arbitration agreement
- Sole arbitrator appointment
- Compliance with court directions
- Arbitration proceedings timeline
