OFFSHORE INFRASTRUCTURE LIMITED Vs. BHARAT HEAVY ELECTRICALS LIMITED

JUDGEMENT

(1.) An important question of law arises for consideration as to whether an ex-employee of any party seeking resolution of disputes by arbitration is disqualified from acting as an arbitrator in view of the amendments to the provisions of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the said Act"), by Act No.3 of 2016.

(2.) The petitioner, a company incorporated and registered under the Companies Act, 1956, was awarded with a contract by the Bharat Heavy Electricals Limited/first respondent for the work of fabrication and erection of structural steel in power house, mill bunker bay, auxiliary buildings and pipe rack, etc. for 1 unit of 2 x 600 MVVTPP at North Chennai (for TNEB), Athippattu, Chennai, Tamil Nadu, under the Letter of Intent dated 29.6.2009 culminating in the Contract Agreement dated 23.9.2009. The work was for a value of Rs.30,27,45,245.00 and was to be completed in 25 months from the date of commencement of the work.

(3.) On issuance of notice in the petition, interim orders were granted staying the proceedings before the second respondent/ arbitrator.