ILC-2011-SC-ARB-Feb-3
M/s. APS Kushwaha (SSI Unit) Vs. Municipal Corporation, Gwalior and others
The Arbitration and Conciliation Act, 1996 - Section 11 (6)
Appointment of Arbitrator - Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 - Whether applicable - Execution of an agreement - Maintenance of water supply and electrical works - Work order issued- Bills not paid - Chief Justice appointed an independent arbitrator - Arbitrator made award - High Court set aside the orders holding that the arbitral award passed by the sole arbitrator was without jurisdiction as the dispute raised by the appellant could only be decided by the statutory arbitral tribunal constituted under the 1983 Adhiniyam - Sole arbitrator appointed by the designate of Chief Justice under section 11(6) of the Act - Lacked inherent jurisdiction to decide the disputes - Appeals - Lack of jurisdiction in Arbitrator - Held - No - Provision of the 1983 Adhiniyam apply- Where no Arbitration clause - Contract contained an arbitration clause (clause 29) - Designate appoint a sole arbitrator - Order attained finality - Impugned order of High Court set aside - Appeals allowed.
Shiv Sagar Tiwari, S.K. Dey, Ms. Sangita Gaur, Advocates
Topic(s)-Appointment of Arbitrator , Execution of an agreement