B.M. Construction Co. v. Union Of India .

S. Muralidhar, J.:— This is a petition under Section 11 of the Arbitration and Conciliation Act, 1996 (‘Act’) filed by the Petitioner, B.M. Construction Co. seeking the appointment of an Arbitrator to adjudicate the disputes between the Petitioner and the Respondent Union of India arising out of an agreement dated 17January 2012.

2. It is not in dispute that the agreement contains an arbitration clause. The Petitioner has already invoked the arbitration clause by sending a legal notice dated 22April 2014 naming the Arbitrator but the Respondent had declined to appoint an Arbitrator.

3. Learned counsel for the Respondent submits that the disputes raised by the Petitioner are in the nature of excepted matters and therefore, are not referable to the arbitration. This issue can be examined by the learned Arbitrator.

4. In the circumstances, this Court appoints Mr. H.K. Chaturvedi, Advocate, residing at C-11, III Floor, Aruna Park, Laxmi Nagar, Delhi (Mobile No. 9811035762) as sole Arbitrator to adjudicate the disputes between the parties. The arbitration shall take place under the aegis of the Delhi International Arbitration Centre (‘DAC’). The fees of the learned Arbitrator will be in terms of the Delhi High Court Arbitration Centre (Arbitrators' Fees) Rules.

5. The petition is disposed of. A copy of this order be communicated to the learned Arbitrator as well as Secretary, DAC forthwith.