HINDUSTAN CONSTRUCTION CO. LTD Vs. IRCON INTERNATIONAL LTD

JUDGEMENT

(1.) Both these arbitration petitions filed by the Petitioner, Hindustan Construction Company Limited, under Section 11 of the Arbitration and Conciliation Act, 1996 (,,Act) against the Respondent, Ircon International Limited, seek the appointment of an Arbitrator to adjudicate the disputes between them in terms of the Arbitration Clause 60.3 of the Contract for the construction of Package T-48 and Arbitration Clause 62.2 of the Contract for the construction of Package T-49A of the J&K Rail Link Project Dharam ­ Qazigund Section of Udhampur-Srinagar-Baramulla New BG Railway Line Project.

(2.) The relevant portions Arbitration Clause 60.3 in the Contract for the construction of Package T-48 read as under:

(3.) Clauses 62.4 (a) (ii) and (iii) of the Contract for the construction of Package T-49A, which are relevant for the present petition read as under: