IRB AHMEDABAD VADODARA SUPER EXPRESS TOLLWAY PRIVATE LIMITED Vs. NATIONAL HIGHWAYS AUTHORITY OF INDIA

JUDGEMENT

(1.) The present petition under Section 11 (6)(b) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') seeks appointment of a presiding Arbitrator to the three member Tribunal for adjudication of the disputes between the parties in relation to the Concession Agreement dated 25.07.2011, as the two nominee Arbitrators of the parties have failed to arrive at any consensus on the aspect of such appointment.

(2.) The primary ground on which the petition has been filed is that once the two nominee arbitrators were unable to appoint the presiding arbitrator, either by consensus or by draw of lots, it implied that there is no further procedure agreed upon between the parties for such appointment and, therefore, the petitioner has no other remedy except to approach this Court under the Act.

(3.) Before dealing with the rival submissions of the parties, it would be appropriate to briefly note the factual matrix of the matter.