ABB INDIA LIMITED Vs. BHARAT HEAVY ELECTRICALS LIMITED

JUDGEMENT

(1.) This petition, under Section 14(1)(a) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the 1996 Act"), seeks a declaration that the mandate of Mr. A. Muraleedharan, Advocate, who was appointed as sole arbitrator by the respondent, to arbitrate on the disputes between the petitioner and respondent, stands terminated de jure, and also calls on this Court to appoint a substitute arbitrator, to continue with the arbitral proceedings.

(2.) The issue in controversy is purely legal in nature. No detailed allusion to facts is, therefore, necessary.

(3.) In connection with three Letters of Award, dated 4th November, 2009, whereunder work was awarded, to the petitioner by the respondent, disputes arose. Clause 33.1 of the General Commercial Terms and Conditions (hereinafter referred to as "GCC"), governing the relationship between the petitioner and the respondent, provided for resolution of such disputes, and read thus: