sole arbitrator is said to have entered reference from date of his appointment as sole arbitrator

arbitrarily should be raised by parties before the arbitrator

in lumpsum contract price escalation would not be allowed unless increase in cost is due to change in design and scope of contract

It is mandatory on the part of the learned arbitrator to make an award in writing and to publish within two years after entering upon the reference or within such extended time not exceeding a further period of one year as the parties shall by writing agree. Learned Counsel submits that 3 years period has already expired from the date of initial appointment of the learned arbitrator.

After the expiry of two years of the arbitrator entering upon the reference, extension could not and cannot be granted beyond further period of one year and that also only if both parties agree for grant of such extension in writing.

The parties hereto shall be deemed to have irrevocably given their consent to the Arbitrator to make and publish the award within the period referred to herein above and shall not be entitled to raise any objection or protest thereto under any circumstances whatsoever."

If the arbitrator becomes de-jure or defacto unable to perform his functions and failed to act without undue delay then under section 14(1) of the Arbitration Act 1996, it is mandatory that the mandate of such an arbitrator shall terminate.

Can the appointing authority under arbitration clause ask the Arbitrator to decide arbitrability, when it is not writtren in the arbitration clause. Or if arbitrability is the question it should be raised by parties before the arbitrator.

Prior to 1996, the arbitration law of the country was governed by a 1940 Act. This Act was largely premised on mistrust of the arbitral process and afforded multiple opportunities to litigants to approach the court for intervention. Coupled with a sluggish judicial system, this led to delays rendering arbitration inefficient and unattractive.

As per the new Act (set out in the Statement of Objects and Reasons) are ‘to

minimize the supervisory role of courts in the arbitral process’ and ‘to provide that every final arbitral award is enforced in the same manner as if it were a decree of the Court’.

The Act states that the relationship between the parties need not be contractual. Hence, a dispute in tort can also be referred.

the power of the arbitrator is a limited one. He cannot issue any direction which would go beyond the reference or the arbitration agreement.

Like Art 12 of the Model Law and Art 10 of the UNCITRAL Arbitration Rules, the Act also requires the arbitrators (including party appointed arbitrators) to be independent and impartial and make full disclosure in writing of any circumstance likely to give rise to justifiable doubts on the same.44

In a lumsum fixed price contract can there be extra items if stated in the NIT that payment for additional items will not be allowed UNLESS increase is due to any change in design and scope of contract .

The section provides that the arbitral tribunal may rule on its own jurisdiction, including with respect to the existence or validity of the arbitration agreement. Further, the arbitration clause shall be treated as independent of the underlying contract and a decision that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause. Where the arbitral tribunal rejects an objection to its jurisdiction, it shall continue with the arbitral proceedings and make the award. Any challenge to the

award would be available at that stage. If, on the other hand, the arbitral tribunal accepts the plea as to its lack of jurisdiction, an appeal shall lie to a court of law.47