passed by the Appellate Authority under the Permanent
Machinery of Arbitration ["PMA"] contemplated by the agreement
between the parties, and a writ ... binding, curiously, it expressly excludes the
applicability of the Arbitration Act, 1940 , or the Arbitration and
W.P.(C) 1263/2019 Page
whether a determination under the "Permanent Machinery of
Arbitration" ["PMA"] which was set up to resolve commercial
disputes between government entities ... constitute an
award which could be executed under the provisions of the Arbitration
and Conciliation Act, 1996 .
2. In order to enable learned counsels
Ministry of Law & Justice under the Permanent Machinery of Arbitration
(PMA) in an appeal arising from purported arbitral award dated 25.06.2014
made ... PMA is, under the terms of the PMA itself, not amenable to the appellate
remedies otherwise available to the petitioner under the Arbitration &
Conciliation
consideration is
whether an award rendered under the Permanent Machinery of
Arbitration ('PMA') should be construed as a award under the
Administrative Mechanism
provided by
the Contract.
(vii) Arbitration proceedings shall be held at New Delhi, India and the
language of the arbitration proceedings and that ... between the Employer and the
contractor shall be settled through Permanent Arbitration Machinery
(PMA) of the Department of Public Enterprise, Govt. of India
authorized by him in this regard.
The arbitration proceedings shall be in accordance with
the prevailing Arbitration Laws of India as amended or
enacted from ... 2001-PMA-GL I dated 22nd Jan. 2004
shall be applicable."
11. The arbitration clause is not disputed by any of the parties
same shall be settled
by arbitration. The arbitration processing shall be conducted in
accordance with the provisions of the Arbitration and Conciliation ... enactment thereof. The PMA shall refer the
dispute to the sole arbitrator, which shall be appointed by PMA.
The seat of arbitration shall
provisions of permanent machinery of
Arbitration in Appeal No. 02/AS/(RY)/2017 in Case No.
PMA/Dr.GR/17/2012 arising out of arbitral
provisions of permanent machinery of
Arbitration in Appeal No. 02/AS/(RY)/2017 in Case No.
PMA/Dr.GR/17/2012 arising out of arbitral
provisions of permanent machinery of
Arbitration in Appeal No. 02/AS/(RY)/2017 in Case No.
PMA/Dr.GR/17/2012 arising out of arbitral
