BERNARD INGENIEURE ZT - GMBH Vs. IRCON INTERNATIONAL LTD

JUDGEMENT

(1.) This petition under Section 11 of the Arbitration and Conciliation Act, 1996 has been filed by the petitioner seeking appointment of an Arbitral Tribunal for adjudicating the disputes that have arisen between the parties in relation to the award of work for detailed design consultancy of structures, supervision of construction and commissioning of Railway Tunnels and bridges between 110 km and 125 km in connection with construction of Dharma-Qazigund Section of Udhampur-Srinagar-Baramulla, new BG Railway Line Project.

(2.) The agreement between the parties contains an Arbitration Agreement in form of clause 6.39.3 in the General Conditions of Contract (GCC), which is reproduced herein below:

(3.) The above clause states that all other condition for arbitration in general shall be as per Northern Railway GCC, 1999. Clause 64 of the GCC of the Northern Railway, 1999 is reproduced herein below:-