The present application has been filed by the applicant under Section
11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as
‘the Act of 1996’ for the sake of brevity) for appointment of an arbitrator to
resolve the dispute arose between the parties pursuant to the Contract dated
03.06.2019.
2. The brief facts of the case are that the applicant entered into a works
contract with the respondent-Union of India, which is governed by the Bid
Document and the General Conditions of Contract (GCC), containing an
arbitration clause under Clause 27(2) of the Bid Document read with Clause
70 of the GCC. Disputes arose between the parties regarding execution of the
contract and the respondent illegally terminated the agreement. Despite
repeated requests, the respondents failed to constitute the Dispute Resolution
NEUTRAL CITATION NO. 2026:MPHC-JBP:57674
2 AC-34-2026
Board or initiate the agreed dispute resolution mechanism. Applicant
invoked the arbitration clause and, by communications dated 12.04.2025 and
legal notice dated 23.12.2025, requested the respondents to appoint an
arbitrator and nominated Former Judge of the High Court of Madhya
Pradesh, as its nominee arbitrator. However, the respondents failed to
respond or appoint an arbitrator within the stipulated period. In view of the
respondents’ failure to act in accordance with the arbitration agreement, the
applicant has invoked the jurisdiction of this Hon’ble Court.
