DIVYA SHARMA
Signing Date:20.10.2022
12:32:11
2022/DHC/004387
Disputes(AMRCD), currently applicable to commercial
disputes between CPSEs inter se and also between ... MTNL (supra)
"4. The Government of India has now set up AMRCD, which has
replaced the Permanent Machinery of Arbitration (PMA). The
objective
finding that the Alternate Mechanism
for Resolution of Commercial Disputes ('AMRCD' in short)
provided in the office memorandum in respect of public
sector ... difference shall be
taken up by either party for its resolution through
AMRCD.
..........................................
6. Arbitration Clause
(i) The CPSEs will ensure inclusion of a clause
case, KoPT and the contractor/HSCL needs to be referred to the
AMRCD, which is the internal administrative dispute resolving mechanism.
Therefore ... KoPT to terminate the contract without referring the matter to the
AMRCD. The Hon'ble Single Bench also found that prior litigation initiated
finding that
the Alternate Mechanism for Resolution of Commercial Disputes
('AMRCD' in short) provided in the office memorandum in respect of
3
public ... difference shall be taken up by either party for its
resolution through AMRCD.
..........................................
6. Arbitration Clause
(i) The CPSEs will ensure inclusion of a clause
Administrative Mechanism for Resolution of
CPSE's Disputes' (AMRCD), but the same has no basis in law being
pre-mature and in contravention
