TMI Blog2014 (7) TMI 544X X X X Extracts X X X X X X X X Extracts X X X X ..... terms and conditions of arbitration. It is expected that the arbitration proceeding will be concluded at an early date. - Civil Appeal Nos. of 2014 (arising out of SLP(C) Nos.14947-14948 of 2011) - - - Dated:- 1-7-2014 - Sudhansu Jyoti Mukhopadhaya And Dipak Misra,JJ. For the Appellant : Mr. Rabin Majumder ,Adv. For the Respondent : Mr. M. T. George ,Adv. JUDGMENT Sudhansu Jyoti Mukhopadhaya, J. Leave granted. 2. These appeals are directed against order dated 19.07.2010 passed by the High Court of Kerala at Ernakulam in Arbitration Request No.39 of 2009. By the impugned order, the appellant s prayer under Section 11 (6) of the Arbitration and Conciliation Act, 1996 for appointment of arbitrator has been reje ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appoint a Dispute Review Expert as stipulated in Clause 36.1 of ITB forming part of the agreement without any delay, with due intimation to the appellant in writing. On 7.08.2009, the Indian Roads Congress addressed a letter to the Chief Engineer, PWD National Highways, Thiruvananthapuram to inform about the appointment of Dispute Review Expert. On 6.10.2009, the Indian Roads Congress wrote another letter to the Chief Engineer, Ministry of Road Transport Highways, New Delhi requesting him to inform about the appointment of Dispute Review Expert. However, no reply was given to the appellant. 4. In this background, the appellant moved before the High Court under Section 11 (6) of the Arbitration and Conciliation Act, 1996 for appoin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n will be final and binding. 25.3 The arbitration shall be conducted in accordance with the arbitration procedure stated in the Special Conditions of Contract. 7. Detailed procedure has been stipulated in Sub clause (a) to (f) of Clause 25.3 of the Standard Bidding document. 8. It appears that appellant by letter dated 11.8.2009 requested the Superintending Engineer, National Highway, Central Circle, Kochi, to agree to the appointment of a sole arbitrator mentioned in the letter. But no reply was given. 9. The respondents in their counter affidavit opposed the prayer and contended that if arbitration is the mode of settlement of disputes, the names of Dispute Review Experts are to be specifically mentioned in the contract data, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsists of a typewritten contract agreement between the appellant and the second respondent [which does not contain any terms and conditions, but which merely states that the contract is for execution of the described work as per the accompanying articles of agreement, plan, specification and conditions of contract approved by the Project Director (SE), National Highway (ADB), Circle Adappally, Cochin] with several printed forms with cyclostyled additions as annexures and handwritten corrections. The printed form of articles of agreement has an attachment slip. 25. The contract in the present case does not contain any handwritten terms in regard to arbitration. The contract has printed clauses barring arbitration [Clauses 24 and 24(a) of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and tender documents shall be binding on the said contract and the contractor. In the bidding document supplied to the appellant by respondent no.3 arbitration clauses were incorporated at clause 25 and 25.3 as noticed above. At Clause 36 the provisions of Dispute Review Expert was mentioned as follows: 36. Dispute Review Expert 36.1 The Employer proposes that [name of proposed Dispute Review Expert as indicated in Appendix] be appointed as Dispute Review Expert under the Contract, at a daily fee as indicated in Appendix plus reimbursable expenses. If the Bidder disagrees with this proposal, the Bidder should so state in the Bid. If in the Letter of Acceptance, the Employer has not agreed on the appointment of the Dispute Review ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
