(1.) There is no denial that disputes and differences have arisen between the parties pertaining to an agreement dated January 7, 2013 for the construction of a major bridge over river Umiam including RCC culverts at various locations on the Mawlai-Umthlong-Nongpathaw Roads in the State. Clause 3 of the special conditions of contract is the arbitration agreement and such clause indicates that a similar arbitration agreement is to be found in Clause 25.3 of the general conditions of the contract.
(2.) By a notice dated February 14, 2020, the petitioner invoked the arbitration agreement, indicated the nature of the disputes and suggested to the respondents that the person named in the letter be agreed upon as the sole arbitrator. The notice also went on to say that in the event there was no response, the nominee named should be taken to be the petitioner's nominee on the three-member arbitral panel as contemplated by the arbitration agreement.
(3.) It may be indicated here that Clause 3(a) of the special conditions of contract containing the arbitration agreement contemplates a sole arbitrator if so agreed upon; or, a panel of three arbitrators with one nominee from the either side and the two nominees to decide on the third or presiding arbitrator. The petitioner's invocation of the arbitration agreement and nomination as contained in the notice of February 14, 2020 is consistent with what is contemplated in the arbitration agreement.