S.J. Vazifdar, Chief Justice. - (1.) This is an application under section 11(5) of the Arbitration and Conciliation Act, 1996, for the appointment of a sole arbitrator.
(2.) This petition raises important questions of law relating to the provisions of the Act as amended by the Arbitration and Conciliation (Amendment) Act, 2015, and, in particular, sections 11 and 12 thereof.
(3.) The respondent accepted the petitioner's bid in respect of an engineering, procurement and construction contract in respect of a thermal power plant. Pursuant thereto, the parties entered into a contract dated 30.10.2007 Article 6.1 whereof reads as under:- "6.1 It is specifically agreed by and between the parties that all the differences or disputes arising out of the Agreement or touching the subject matter of the of the (sic) agreement shall be decided by process of Settlement of Disputes and Arbitration as referred in Clause No.2.26.0 (2.26.1 to 2.26.5) of General Conditions of Contract to specification." Clause 2.26.5 reads as under:- "2.26.0 SETTLEMENT OF DISPUTES/ARBITRATION ...... ..... ..... ...... ...... ...... ....... 2.26.5 If amicable settlement cannot be arrived at, the dispute shall be settled by the arbitration of a Sole Arbitrators, to be appointed by the Government of Haryana. The arbitration shall be in accordance with the Arbitration & Reconciliation Act 1996 or any subsequent amendment there of. The venue of arbitration shall be Panchkula and the language of arbitration shall be English. The arbitration shall be subject to jurisdiction of District Court at Panchkula only.";