Judgment · High Court

ANTONY DOMINIC,J------------------------------------------Arbitration Request No.8 of 2010-------------------------------------Dated this the 16th day of February, 2012 ORDERThis is an application filed under Section 11(6) and (8) ofthe Arbitration and Conciliation Act, 1996. The applicant andrespondent had entered into Annexure-A1 licence agreement forrunning hotel reservation counter in the Domestic ArrivalTerminal at International Airport, Thiruvananthapuram. Clause30 of the agreement, provide for resolution of disputes betweenthe parties by arbitration. This clause reads as under:“All disputes and differences arising out of orin any way touching or concerning this Agreement(except those the decision whereof is otherwiseherein before expressly provided for or to which thePublic Premises(Eviction of Unauthorized Occupants)Act and the rules framed there under which are nowenforce or which may hereafter come into force areapplicable), shall be referred to the sole arbitrationof a person to be appointed by theChairman/Member of the Authority. The award ofthe arbitrator so appointed shall be final and bindingon the parties. The Arbitration and Conciliation Act,1996 shall be applicable.It will be no bar that the Arbitrator appointed Arbitration Request No.8 of 2010 2 as aforesaid is or has been an employee of theAuthority and the Appointment of the Arbitrator willnot be challenged or be open to question in anyCourt Law, on this account.” 2. There are certain disputes between the parties and byAnnexure-A7 notice, applicant demanded appointment of anArbitrator. There was no reply from the respondents andtherefore, this arbitration request was filed. 3. Counter affidavit has been filed by the respondents and Ihave heard the counsel appearing for both sides. 4. The fact that there is an arbitration agreement containedin Annexure-A1 is not in dispute. Annexure-A7 notice disclosesthat there exist disputes between the parties, which are to beresolved by way of arbitration. In such circumstances, theChairman/Member of the Airport Authority is hereby directed toappoint an Arbitrator in terms of Clause 30 of the general termsand conditions attached to Annexure-A1 agreement to resolvethe disputes between the applicant and respondents. This shall bedone as expeditiously as possible, at any rate, within four weeksof production of a copy of this order. It is made clear that in the Arbitration Request No.8 of 2010 3 event of the Chairman fails to discharge the duties in theagreement as ordered above, it is open to the applicant to movethis Court for appropriate orders. ANTONY DOMINIC, JUDGEln