Case Law Details
Afcons Infrastructure Limited vs. Konkan Railway Corporation Limited (Bombay High Court); Arbitration Petition No. 10 OF 2019; Date: 02.06.2020
FACTS
On 21.05.2005, the Respondent floated a tender notice for construction of B.G. Single Line Tunnels on the Katra-Laole, section of Udhampur- Shrinagar- Baramulla Rail Link Project. Soon after, on 12.12.2005, a Contract bearing No. KR/PD/J&K/CONT/TUNNEL/T-38/47/2/2005 was executed between the Respondent and the Petitioner, whose bid was accepted.
The stipulated clause in the contract between the Petitioner and Respondent regarding arbitration are as under:
“Clause 46.0: The contractor shall sign the arbitration agreement along with the contract. The standing Arbitral Tribunal clauses shall in force from the date of signature of the Arbitration Agreement. The details pertaining to Arbitral Tribunal is included in the relevant annexure.”
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