NCCL-PREMCO(JV) Vs. RAIL VIKAS NIGAM LIMITED

JUDGEMENT

(1.) This petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') has been filed by the petitioner seeking appointment of a nominee Arbitrator on behalf of the respondent and the Presiding Arbitrator for constituting the Arbitral Tribunal to adjudicate the disputes that have arisen between the parties in relation to the work of Construction of Roadbed, Major and Minor Bridges, Track Linking (Excluding supply of Rail and PSC sleepers), General Electrical, Traction and Signal & Telecommunication works (Outdoor) in connection with Doubling with Railway Electrification of Gudivada - Bhimavaram Town stations (Excluding Moturu & Bhimavaram Town yards) on Vijayawada division of South Central Railway awarded to the petitioner by the respondent vide Letter of Acceptance dated 13.03.2013 and the subsequent Agreement dated 22.05.2013.

(2.) The said Agreement contains an Arbitration Agreement between the parties in form of clause 20.3 of the General Conditions of Contract, the relevant portion of which is reproduced hereinbelow:

(3.) Disputes having arisen between the parties, the petitioner invoked the dispute resolution procedure vide its letter dated 07.05.2018. The disputes having persisted, the petitioner invoked the Arbitration Agreement vide its letter dated 28.05.2018.