present case.‖
13. The Tribunal also placed reliance upon the FIDIC Guide.
14. In his dissenting opinion the Arbitrator Sh. S.N. Mane took
note ... parties. He also relied upon the
guide to the use of FIDIC conditions of contract for
work of Civil Engineering construction. By applying
Federation of International Des Ingenieurs - Conscils,
hereinafter referred to as the FIDIC Conditions.
Some of the relevant terms and conditions of the Conditions ... FIDIC Conditions are set out hereinbelow for convenience:
"12.1 The Contractor shall be deemed to have satisfied
himself as to the correctness and sufficiency
interplay between the terms of the Fédération Internationale Des
Ingénieurs-Conseils ("FIDIC Conditions") and the GCC, which form part
of the tender document ... Tender Terms"). Should a conflict arise
between the FIDIC Conditions and the Tender Terms, which one would
prevail, is the question that arose
work. As per Clause 4(iii) of
Ext.P5 FIDIC (Federation Internationale Des Ingenieurs Conseils)
W.P.(C)No.12353 of 2021
3
Conditions ... issued by the 1 st respondent invoking
Clause 63.1 of the FIDIC Conditions of Contract and Ext.P36
Recommendation of the 2nd respondent
Federation of International Des Ingenieurs - Conscils,
hereinafter referred to as the FIDIC Conditions.
Some of the relevant clauses of the FIDIC Conditions ... accordance with the procedure prescribed in Clause 53.1 to 53.5 of the
FIDIC Conditions. The Contractor was obliged to intimate the employer of
its intention
proceedings, either Party may
apply to International Federation of Consulting
Engineers (FIDIC) for a list of not fewer than five (5)
nominees and, on receipt ... this manner within sixty (60) days of the
date of the list, FIDIC shall appoint, upon the request of
either Party and from such list
Consulting Engineers
based in Geneva, Switzerland. This federation is popularly known as
FIDIC, an acronym for its French name Federation International
Docs Ingenieurs - Conseils ... matters have been modelled on
the standard contract templates issued by FIDIC, which have been
followed all over the world and the mathematical formulas
General Conditions of the Contract, which concededly are the FIDIC
Conditions of Contract and not clause 14.2 thereof.
13. Before the learned Single Judge this ... gave birth to the controversy
whether clause 14.2 of FIDIC Conditions of Contract, under the caption
Advance Payment could be read into the contract
submitted that in terms of Clause 65.8 of
FIDIC, HCC is not entitled to the claim as mentioned ... categorically held that
that the invocation of Clause 66.1 of FIDIC, under the
circumstances, as valid. Therefore, the HCC was held to
be entitled
NTPC were governed by a Letter of Award
dated 12.12.2003 and the FIDIC General Conditions of Contract
(hereinafter referred to as „FIDIC Conditions‟) read with ... Under Clause 4.1 of the FIDIC Conditions read with COPA,
Petitioner was permitted to sub-contract the work, awarded to it by NTPC.
Petitioner, thereafter
