The case, ARBP No.61 of 2023, centered on a long-standing agreement dated January 22, 2010, where the power project company sought arbitrator appointment after allegedly receiving no response to its commencement notice issued on July 25, 2023.
Key Legal Insights
The core of the dispute revolved around Clause 19 of the original agreement, which stipulated that "any dispute regarding any clause in this agreement" should be referred to the Orissa Electricity Regulatory Commission (OERC), with OERC's decision binding on both parties.
Acting Chief Justice Arindam Sinha meticulously examined the case, ultimately concluding that no genuine arbitration agreement existed. He referenced a crucial legal provision, sub-section (6-A) of Section 11 of the Arbitration and Conciliation Act, 1996, which mandates courts to exclusively examine the existence of an arbitration agreement.
OERC's Decisive Intervention
Mr. Bijay Kumar Dash, representing ORDA, highlighted that OERC had already addressed the dispute through an order dated June 3, 2023. The regulatory body refused to entertain the reference, directing the parties to approach an appropriate forum.
Justice Sinha concurred, stating, "It is clear from the reproduced clause 19 in the agreement that reference was to be to OERC. The authority considered the question of reference and concluded that the statute does not permit it to enter into the reference."
Implications and Future Recourse
Notably, the court's judgment provides a silver lining for Andhavarapu Power Projects. The dismissal order explicitly states that the rejection "will not prevent applicant from finding remedy in law including seeking exclusion of time taken."
Legal Precedent
The court referenced a previous judgment from August 11, 2017 (ARBP no.19 of 2016) involving Enzen Global Solutions, which had different communication dynamics allowing arbitration. However, the current case was distinguished based on its specific contractual nuances.
Legal experts suggest this judgment underscores the importance of precise dispute resolution clauses in infrastructure and power project agreements, emphasizing the need for clear arbitration mechanisms.
Read The Judgment Here
keywords: Orissa High Court, Power Project Dispute, Arbitration Petition, OERC Intervention, Contract Dispute, Renewable Energy Agreement.
