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State of Rajasthan - Section

Section 23 in General Rules and Directions for the Guidance of Contractors

23. - Arbitration - If any question, difference or objection whatsoever shall arise in any way in connection with or arising out of this instrument or the meaning of operation of any part thereof or the rights, duties or liabilities of either party then save in so far as the decision of any such matter as herein before provided for and has been so decided, every such matter constituting a total claim of Rs. 5000/-or above, whether its decision has been otherwise provided for and whether it has been finally decided accordingly, or whether the contract should be terminated or has been rightly terminated and as regards the rights or obligations of the parties as the result of such termination shall be referred for adjudication to time a sole arbitrator to be appointed as herein after provided.

For the purpose of appointing the sole arbitrator referred to above, the Chief Engineer will on receipt of notice and prescribed fee from the contractor send a panel of 3 names not below the rank of Superintending Engineer of the Rajasthan Government and who shall all be presently unconnected with the contract. The contractor shall on receipt of the names as aforesaid select anyone of the persons named to be appointed as a sole arbitrator and communicate his name to the Chief Engineer shall thereupon appointing the said person as the sole arbitrator without delay. The Arbitrator shall give reasons for award.Subject as aforesaid the provisions of the Arbitrator Act 1940, or any statutory modification or re-enactment thereof and the rules made the render and for the time being in force shall apply to the arbitration proceedings under this clause.