Case Note & Summary
The petitioner, M/s Shri. Narasimhaswami Constructions, a partnership firm, entered into a contract agreement with the respondents, the South Western Railway, for construction works titled 'Arsiker-Birur patch doubling – Devanur yard re-modelling including formation, ballast, track linking, regarding construction of station building, FOB, Platform'. Disputes arose between the parties, and the petitioner invoked the arbitration clause contained in the agreement. However, the respondents did not appoint an arbitrator as per the agreed procedure. Consequently, the petitioner filed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of a sole arbitrator. The court noted that the existence of the arbitration agreement was not disputed and that disputes had indeed arisen between the parties. The court found that the petitioner was entitled to the appointment of an arbitrator. Accordingly, the court appointed a retired judge of the High Court as the sole arbitrator to adjudicate the disputes between the parties. The court directed the arbitrator to enter upon the reference and make an award in accordance with law. The petition was allowed.
Headnote
A) Arbitration - Appointment of Arbitrator - Section 11(6) of the Arbitration and Conciliation Act, 1996 - Disputes arose between a contractor and the Railways regarding a construction contract - The petitioner invoked the arbitration clause but the respondents failed to appoint an arbitrator - The court held that since the existence of the arbitration agreement was not disputed and disputes had arisen, the petitioner was entitled to appointment of a sole arbitrator - The court appointed a retired judge as the sole arbitrator to adjudicate the disputes (Paras 1-3).
Issue of Consideration
Whether the petitioner is entitled to appointment of a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 for resolution of disputes arising out of the contract agreement.
Final Decision
The petition is allowed. The court appoints a retired judge of the High Court as the sole arbitrator to adjudicate the disputes between the parties. The arbitrator is directed to enter upon the reference and make an award in accordance with law.
Law Points
- Section 11(6) of the Arbitration and Conciliation Act
- 1996 empowers the court to appoint an arbitrator when the appointment procedure fails
- existence of arbitration agreement is not disputed
- and disputes have arisen.
