SAILESH NAIR & ASSOCIATES
- 79 -
BOB, ANKALAV BRANCH, DIST. ANAND
1, DEFENCE KARMACHARI HSG. SOC. NR. UNITED COLONY, B/H. NAVRACHANA HIGH SCHOOL, SAMA,
VADODARA – 390 008 TELE-FAX. 0265 2784382 MOB : 9898072813 / 9427602817
persons who shall be presently unconnected with the
organisation of the
Bank and the Contractor.
c) The Contractor shall on receipt of the names as aforesaid,
select any one of the persons so named to be appointed as a
Sole Arbitrator and communicate his name to the
Bank
within thirty days of receipt of the names. The
Bank shall
thereupon without any delay appoint the said person as the
Sole Arbitrator. If the Contractor fails to communicate such
selection as provided above within the period specified, the
Bank shall make the selection and appoint selected person
as the Sole Arbitrator. In the event, the contractor
communicates disagreement to appointment of Sole
Arbitrator as selected by the
Bank than notwithstanding such
disagreement, the person selected, as sole Arbitrator by the
Bank shall be the sole Arbitrator.
d) If the
Bank fails to send to the Contractor the panel or three
names as aforesaid within the period specified, the
Contractor shall send to the
Bank a panel of three names of
persons who shall all be unconnected with either party. The
Bank shall on receipt of the names as aforesaid select any
one of the person’s names and appoint him as the Sole
Arbitrator. If the
Bank fails to select the person and
communicate such selection to the Contractor, the
Contractor shall be entitled to appoint one of the persons
from the panel as the Sole Arbitrator and communicate his
name to the
Bank, provided however in case if delay by the
contractor as regards such selection, the Arbitrator selected
by the
Bank shall be appointed as sole Arbitrator.
e) If the Arbitrator so appointed is unable or unwilling to act or
resigns his appointment or vacates his office due to any
reason whatsoever, another Sole Arbitrator shall be
appointed as aforesaid.
f) The decision of the
Architect with respect to the matters
referred in clause 9.3 and 9.5 of General condition of
Contract herein, shall be final and outside the scope of
arbitration. The Sole Arbitrator shall have power to open up,
review and revise any certificate, opinion or decision,
requisition or notice save in regard to matters enumerated in
clause 9.3 and 9.5 of General Conditions hereof written and
to determine all other matters in dispute which shall be
submitted to arbitration and of which notice shall have been
given as aforesaid. Subject to aforesaid, the Arbitration shall
be governed by the Arbitration Act, and Conciliation 1946 or
any other statutory modification thereof. The Award of the
Arbitrator shall be final and binding on the parties. It is
hereby agreed that in all disputes referred to Arbitration, the
Arbitrator shall give a separate Award in respect of each
SAILESH NAIR & ASSOCIATES
- 80 -
BOB, ANKALAV BRANCH, DIST. ANAND
1, DEFENCE KARMACHARI HSG. SOC. NR. UNITED COLONY, B/H. NAVRACHANA HIGH SCHOOL, SAMA,
VADODARA – 390 008 TELE-FAX. 0265 2784382 MOB : 9898072813 / 9427602817
dispute or difference in accordance with the terms of the
contract and give a reasoned Award.
g) The fees, if any, of the Arbitrator shall, if required to be paid
before the award is made and published, be paid half and
half by each of the parties. The cost of the reference and of
the award including the fees, if any, of the Arbitrator, shall be
directed to be borne and paid by such party or parties to the
dispute, in such manner or proportion as may be directed by
the Arbitrator in the Award.
h) The
Bank and the Contractor hereby also agree that the
Arbitrator under this clause shall be a condition precedent to
any right to action under the contract with regard to the
matters hereby expressly agreed to be so referred to
arbitration.
11.8.2.
Settlement of dispute by arbitration:
a) All disputes and differences of any kind whatsoever arising
out of or in connection with the contract or the carrying out of
the works (whether during the progress of the works or within
one year after their completion, or within one year after the
determination or abandonment or breach of the contract)
shall be referred to and settled by the
Architect, who shall
state his decision in writing. Such decision in writing may be
in form of a final certificate or otherwise. The decision of the
Architect with respect of any of the expected matters shall
be final and without appeal as stated in the relevant clause
on “matters to be finally decided by the
Architect.”(Clause
no. 11.3).
b) But if either the
Bank or the contractor be dissatisfied with
the decision of the
Architect on any matter, question or
dispute of any kind (except any of the expected matters) or
as to the withholding by the
Architect of any certificate to
which the contractor may claim to be entitled, then and in
any such case either party (the
Bank or the Contractor) may
within (28 days) after receiving notice of such decision, give
a written notice to the other party through the
Architect
requiring that such matters in dispute be arbitrated upon.
Such written notice (hereinafter referred to as the ‘notice for
arbitration’ shall clearly set out the items of disputes for
reference to a Sole Arbitrator to be appointed as herein after
provided: specify the matters which are in dispute and such
dispute and difference of which such written notice has been
given and no other shall be and is hereby referred to the
Arbitrator being a fellow of the Indian Institute of
Architects
to be agreed upon and appointed by both the parties or in
case of disagreement as to the appointment of a single
Arbitrator, to the arbitration of two Arbitrators both being
fellows of the Indian Institute of
Architects, and to be
appointed by each party, which Arbitrators shall before taking