- (1.) This is an application under Section 11(6) of the Arbitration and Conciliation Act, hereafter referred to as the "1996 Act" for appointment of an Arbitrator in place of the erstwhile Arbitrator, a retired Judge.
(2.) The short question involved in this application is, whether, upon the death, resignation or termination of mandate of an Arbitrator appointed by the Chief Justice under Section 11 Sub-section 6 of the 1996 Act, the substitute Arbitrator is to be appointed by the Chief Justice and/or his designate or in accordance with the arbitration agreement.
(3.) Disputes appear to have arisen in connection with a contract which, inter alia, contained an arbitration clause which is set out herein below for convenience : "Arbitration Except where otherwise provided in the contract all question and disputes relating to the meaning of specifications, designs, drawings and instructions herein contained and as to the quality of the workmanship or materials used on the work or as to any other question claim, right, matter or thing whatsoever in any way arising out of or relating to the contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works or the execution or failure to execute the same whether arising during the progress of the work or after the completion or abandonment therefore shall be referred to the sole arbitration of a person appointed by the DVC who may or may not be a DVC Officer. Such appointment shall not be objected on the ground that the arbitrator so appointed is a DVC Official or that he had to deal with matters to which the agreement rules and in the course of his duties as DVC official he had expressed views on all or any of the matter in disputes or difference. The award of the arbitrator so appointed shall be final, conclusive and binding on all parties to the contract.";