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Tata Projects Ltd. vs. Central Public Works Department (CPWD)

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Arbitration & Conciliation Act, 1996–Sec. 11–Scope–If the arbitration clause is invoked by one of the parties vide a notice and despite the service of same, no arbitrator in pursuance of same is appointed by the respondent/department/authority, the right to appoint same continue only till the date, an application u/s. 11 is preferred before the Court–But once an application is preferred before the Court in terms of Sec. 11, the right of the opposite party to appoint the arbitrator ceases–Further, the arbitrator appointed subsequent to filing of the application u/s. 11, would be of no consequence and even if an award is passed by the said arbitrator, the same would be null and void.