Documente Academic
Documente Profesional
Documente Cultură
SANJAY KHARE
Sr. Prof.(Works), IRICEN/Pune
ARBITRATION
GENERAL CONDITIONS OF CONTRACT
(CLAUSE 63 AND 64 OF GCC-2018)
and
Related Provisions of
ARBITRATION AND CONCILIATION
(Amendment) ACT 2015
What is ARTITATION ?
‘ The Process of solving an argument
between people by helping them to
agree to an acceptable solution’
Amended by
“Arbitration and Conciliation (Amendment)
Act, 2015”
GCC-2018
“Settlement of Dispute- Indian
Railway Arbitration and
Conciliation Rules”
RECONCILIATION OF DISPUTES
GCC CLAUSE 63
SPECIAL CONDITIONS
Clause 28(3)of A&C Act : while deciding award, tribunal take into
account the terms of contract.
DEMAND FOR ARBITRATION
GCC CLAUSE 64(1)(i)
• Dispute regarding construction or
operation of contract / rights and
liabilities of parties / withholding of
certificates (excluding Excepted Matter as in
clause 63.1)
• GM fails to make a decision within 120
days (as in clause 63.1)
• Contractor to demand in writing (to
refer the matter to arbitration) after
120 days but within 180 days of
presenting his final claim.
DEMAND FOR ARBITRATION
GCC CLAUSE 64(1)(ii) (a)
• Demand for arbitration to specify
matters in question or subject of
dispute/difference, as also the
amount of claim item-wise.
• Only these disputes/differences
along with counter claim to be
referred to arbitration.
• Other matters not to be included
in the reference.
DEMAND FOR ARBITRATION
GCC CLAUSE 64(1)(ii) (b)
CLAUSE 64(1)(iii) a
CLAUSE 64(1)(iii) b
CLAUSE 64(1)(iii) c
CLAUSE 64(1)(iv)
Notification of Conciliator
Settlement
≤ 60 days Appointment
≤ 60 days
AT
Sole Arbitrator Rly send Panel of 4 Names to contractor
(Rly officer)
≤ 30 days
Contractor to suggest 2 Names
≤ 30days
Appointment of AT by GM
≤ 30days
Submission of Claims by claimant
≤ 60 days of
receipt of copy
of claims from
Submission of defence statement Tribunal
& counter claims by Rly
APPOINTMENT OF ARBITRATOR
GCC CLAUSE 64 (3)(c)(i)
• If Arbitrator(s) refuses to act/
withdraws/ vacates office/is unable to
perform/dies/fails to act without
undue delay, the GM shall appoint new
arbitrator(s) in the same manner
4. I do not have more than ten on-going Arbitration cases with me.
5. I hereby certify that I have retired from Railways w.e.f. _____ and empanelled as Railway Arbitrator as per
‘The Arbitration and Conciliation Act- 1996’.
6. I have no any past or present relationship in relation to the subject matter in dispute, whether financial,
business, professional or other kind.
Or
I have past or present relationship in relation to the subject matter in dispute, whether financial, business,
professional or other kind. The list of such interests is as under:
7. I have no any past or present relationship with or interest in any of the parties whether financial, business,
professional or other kind, which is likely to give rise to justifiable doubts as to my independence or impartiality
in terms of The Arbitration and Conciliation Act-1996.
Or
I have past or present relationship with or interest in any of the parties whether financial, business, professional
or other kind, which is likely to give rise to justifiable doubts as to my independence or impartiality in terms of
The Arbitration and Conciliation Act-1996. The details of such relationship or interests are as under:
8. There are no concurrent Circumstances which are likely to affect my ability to devote sufficient time to the
arbitration and in particular to finish the entire arbitration within twelve months.
Or
There are Circumstances which are likely to affect my ability to devote sufficient time to the arbitration and in
particular to finish the entire arbitration within twelve months. The list of such circumstances is as under:
Grounds for challenge to
Arbitrator (A&C Act)
Section 12
12(1)&(2) Arbitrator shall declare in writing prior to his
accepting appointment and further during proceedings
without delay, any circumstances likely to give rise to
justifiable doubts as to his independence or impartiality.
In cases, when award is made within six months from the date the
arbitration tribunal enters into reference, Arbitrator will be entitled for
a fee equal to 1.5% of the total claims, including the counter claims
subject to minimum of Rs. 40,000 per case per Arbitrator and
maximum of Rs. 2,25,000 per case per Arbitrator.