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The Cochin Bridge Infrastructure Company Ltd. And Ors v. State Of Kerala,public Works Department And Ors

The Cochin Bridge Infrastructure Company Ltd. And Ors v. State Of Kerala,public Works Department And Ors

(High Court Of Kerala)

AR NO. 104 OF 2021 | 21-06-2022

Sathish Ninan, J.

1. Agreement dated 27.10.1999 styled as “Concession Agreement” was entered into between the parties with regard to construction of bridge to link Mattancheri and Fort Kochi with the main land. There arose disputes between the parties. As per judgment dated 29.06.2009 in A.R No.34 of 2008, an Arbitral Tribunal was constituted to resolve the disputes. Pending the arbitral proceedings, the parties attempted to have the disputes resolved amicably between them. When the fatum of on going settlement between the parties was pointed out to the Tribunal, the Tribunal adjourned the proceedings sine die directing the parties to move the Tribunal on culmination of such attempt.

2. The settlement talks failed. As evidenced by Annexure XIII, XVI and XVII, request was made to the three member Arbitral Tribunal to resume arbitration. One among the Arbitrators, as evidenced by Annexure XV e-mail communication, has expressed his unwillingness to continue the arbitration. Another Arbitrator is no more. The third Arbitrator has not responded to the request. It is accordingly that this Arbitration Request has been moved seeking appointment of a substitute Arbitrator.

3. Heard the learned counsel on either sides. The parties are in agreement that a sole Arbitrator can be appointed for resolution of the disputes.

4. In the light of the above, leaving open the rights of the parties to agitate their contentions before the Arbitral Tribunal, the Arbitration Request is ordered as hereunder:

(a) Rtd. Justice. P.R.Ramachandra Menon, 8A, Asset East Thottekkatt, T D Road, Opp.Maharaja's College, Ernakulam, PIN 682 011, is provisionally nominated as the Sole Arbitrator to adjudicate upon the disputes between the parties arising out of Annexure A1.

(b) A copy of this order shall be communicated to the learned Arbitrator by the Advocate of the applicant within a period of one week from today. A copy of the order shall also be forwarded to the learned Sole Arbitrator by the Registry.

(c) The Arbitrator is requested to forward his statement of disclosure under Section 11(8) r/w Section 12(1) of the3 of 2016.

(d) The registry shall place the disclosure statement before this Court, for confirmation of the appointment of the Arbitrator.

(e) The Arbitrator's fees shall be governed by the Kerala High Court (Fee Payable to Arbitrators) Rules, 2017.

(f) The arbitration costs and fees shall be shared equally.

Advocate List

  • N. ANAND RAJESH O.N.

  • VIPIN P.VARGHESE ADARSH MATHEW C.ANCHALA KEVIN MATHEW GEORGE MEERA ELSA GEORGE ROWENA COLETTE DIAS SPL. GP. SRI.K.V.MANOJ KUMAR FOR R1

Bench
  • HON'BLE MR. JUSTICE SATHISH NINAN
Eq Citations
  • LQ
  • LQ/KerHC/2022/3651
Head Note

Arbitration and Conciliation Act, 1996 — Ss.11(8) and 12(1) — Appointment of sole Arbitrator — Arbitral Tribunal constituted to resolve disputes between parties — Pending arbitral proceedings, parties attempted to have disputes resolved amicably between them — Tribunal adjourned proceedings sine die directing parties to move Tribunal on culmination of such attempt — Settlement talks failed — Parties sought appointment of substitute Arbitrator — Parties in agreement that a sole Arbitrator can be appointed for resolution of disputes — Sole Arbitrator provisionally nominated to adjudicate upon disputes between parties arising out of Concession Agreement — Arbitrator requested to forward his statement of disclosure — Registry directed to place disclosure statement before Court, for confirmation of appointment of Arbitrator — Arbitration costs and fees to be shared equally — Kerala High Court (Fee Payable to Arbitrators) Rules, 2017