Appointment Of An Arbitrator After The Filing Of The Application Under Section 11- Rapti Contractor Vs. Executive Engineer And Ors
AIR 2007 Utr 12, 2007 (1) ARBLR 390 Uttaranchal
The petitioner applied section 11 of the Arbitration and Conciliation Act 1996 for the arbitrator's appointment, where the petitioner sought the appointment of arbitrator by the court.
The issue raised in this petition was that respondent appointed arbitrator even after the filing of the application under section 11 of Arbitration and Conciliation Act 1996.
The petitioner and respondent got into a contract as per clause 25 of that contract about the arbitration agreement. According to clause 25, any differences or dispute arose regarding anything related to the contract would be referred to the sole arbitration. The sole arbitrator would be appointed by the Chief Engineer, Telecommunication/postal department, who will be the in-charge of the work at the time of the dispute. If the appointed arbitrator is unable to act due to any reason, then the Chief Engineer or the administrative head would appoint another person to act as arbitrator according to the terms of the contract only.
The parties had no agreement on a specific name to which the arbitration shall be called.
The respondent appointed Shri D.K. Gupta, Chief Engineer of civil Department of the post, Bangalore as sole arbitrator, after filing the petition under section 11 of the act, although the respondent had no right to appoint an arbitrator after the filing of the application.
However, the High Court of Uttarakhand considered the fact that Shri D.K. Gupta has acquainted with the work under the contract, so he appears to be a fit person to be arbitrator in the said dispute while saying this court appointed him as the arbitrator and gave direction in respect of arbitration timelines and procedures.
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