agreed to enter into an arbitration agreement, the committee decided
that the disputes be resolved through arbitration under the PMA.
8. Thereafter, an arbitration agreement ... High Power Committee and the Arbitration Agreement.
10. In terms of the arbitration agreement, the proceedings under the
PMA were initiated. The Sole Arbitrator passed
agreed to enter into an arbitration agreement, the committee decided
that the disputes be resolved through arbitration under the PMA.
8. Thereafter, an arbitration agreement ... High Power Committee and the Arbitration Agreement.
10. In terms of the arbitration agreement, the proceedings under the
PMA were initiated. The Sole Arbitrator passed
dated 22.01.2004, for resolution of their disputes through
PMA. The said arbitration agreement reads as under:-
"In the event of any dispute or differences ... Arbitration and
Conciliation Act ]"
Thus, even according to SAIL, A&C Act would be applicable to arbitration
proceedings under the PMA. In this
PMA as per annexure referred to in
subsequent paragraph V(i), in such a situation the PMA shall
entertain such dispute(s) for arbitration ... arbitration clause incorporates the procedure and mechanism of the
PMA, the arbitration between the petitioner and EPIL is now required to
proceed in terms
PMA.
2. The said OM expressly provided that the "PMA shall not entertain the
disputes referred to it without the proper Arbitration Clause ... Arbitration and;
(viii) The Permanent Machinery of Arbitration was and
continues to be outside the purview of Arbitration Act, 1940
now replaced by Arbitration
SAIL made a request to commence
arbitration proceedings before the Permanent Machinery of
Arbitration (PMA).
8. The Arbitrator rendered her decision on 17.04.2013 holding that ... PMA, was not
binding on the parties. By an order dated 21.02.2017, passed in the
said writ petition, this Court referred the parties to arbitration
NDMC, which reads as under:-
"16. SETTLEMENT OF DISPUTE AND ARBITRATION:
16.1 If any dispute or difference arises out of or relates to this ... amicable
settlement the dispute shall be referred to Permanent
Machinery of Arbitration (PMA) in the Department of
Public Enterprises in terms
consideration is
whether an award rendered under the Permanent Machinery of
Arbitration ('PMA') should be construed as a award under the
Administrative Mechanism
Sector Enterprises. Concededly, in
terms of the aforesaid arbitration agreement the dispute resolution
mechanism under the PMA was applicable. Accordingly, EPIL initiated
proceedings under ... without protest or any reservation.
8. Undisputedly, PMA is a mechanism for settlement of disputes
through arbitration and, accordingly, Arbitration and Conciliation Act,
1996 would
Pma Construction Co vs Ministry Of Road Transport And Highway on 10 November, 2021
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~13
* IN THE HIGH COURT ... DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 361/2021
PMA CONSTRUCTION CO ..... Petitioner
Through Mr. Hrishikesh Chitaley, Adv.
versus
MINISTRY OF ROAD TRANSPORT
