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Tenders and Contracts

Equality Eligibility criteria Tender conditions Agreement Reciprocal promises Disputes resolution

Alternative dispute resolution Arbitral Tribunal (AT) is private Judge Arbitrator a creation of contract Interference of court minimum Not bound by complex procedural laws Expected to be speedy and inexpensive Privacy and confidentiality Conducive to negotiated settlement

Experience in Railways
Intervention by Court Poor contract management Poor documentation Delay in appointment of AT Outside arbitrators Delayed proceedings Transfers of arbitrators Lack of training in handling arbitration cases

Arbitration and Conciliation Act, 1996

Duties of Arbitrator
Decide disputes
Lex loci ex aqueo et bono only if expressly authorized In accordance with terms of contract

Disclosure Treat parties with equality Give full opportunity

Formal arbitration agreement not required AT can pass interim orders in addition to court Most of the provisions are derogable Waiver principle Role of CJ in appointment

Salient features of the Act

Reference to arbitration by court Interim measure by court Termination of mandate and substitution Competence of AT to rule on its jurisdiction Interim measures by AT AT to decide on procedure Statement of claim/defence within time agreed Default of party in adhering to time frame Assistance of court for taking evidence Proceedings protected when arbitrator changes

Award with reasons with date & place No time limit in making award Signed copy of award to be delivered Termination of proceedings Recourse against award Limitation period Finality and enforcement of award

Recourse against Arbitral Award

Grounds for setting aside
Proper notice not given or unable to present Ultra petita /infra petita Composition of Tribunal or arbitral procedure not in accordance with agreement Subject-matter not arbitrable Award in conflict with the public policy of India
making of the award was induced or affected by fraud or corruption

Application within three months from date of receipt of award 30 days extended if sufficient cause shown Court can remand to tribunal

No compensation for extension on Rly account Variation No compensation Determination of contract payment incurred in expectation of completing the work to be made Rescission no compensation for loss Excepted matters No pre reference or pendente lite interest Deemed waiver if no claim within 90 days Work to continue if arbitration during currency

Arbitration Act applicable subject to GCC Time frame for appointment of AT Time frame for claim and counter claim No new claim to be added by either party; amendment or supplement subject to acceptance by AT Replacement of arbitrator by GM AT to record day to day proceedings Proceedings normally on basis of documents Award to be reasoned Cost to be borne by respective parties Correction, interpretation, additional award in 60 days

Contract Labour
Registration of principal employer Licensing of the contractor Labour employment by licensed contractor Principal Employer to ensure that contractor
Pays minimum wages or fair wages Complies with all the legal requirements of the Act Maintains various registers and records, displays notices, abstracts of the Acts, Rules etc. Issues employment card to his workmen Provides facilities to workmen