BHARAT - RKC JV Vs. MINISTRY OF ROAD TRANSPORT

JUDGEMENT

(1.) In the present case, as per the terms of contract agreement (Annexure-2), Article 26 is the clause for dispute resolution. Clause 26.3 of said contract agreement deals with appointment of an Arbitrator.

(2.) At the outset, counsels for the parties point out that earlier this Court appointed Mr. Justice P.C. Pant (Retd.) Judge Supreme Court to act as a sole arbitrator to adjudicate all disputes, claims and counter-claims between the parties arising out of their contract agreement, but he expressed his inability to conduct arbitration proceedings due to personal reasons. Learned counsels state that in the aforesaid light, they have no objection to appointment of an independent Arbitrator by this Court.

(3.) Counsel for the respondents states that since the amount in dispute is more than three crores, as per clause 11.2 of the Arbitration Rules of the Society for Affordable Redressal of Disputes, if the claim amount is more than three crores, a tribunal shall be constituted of odd number of Arbitrators to be nominated by the parties.