AIR 2008 MADHYA PRADESH 5 ::2008 (1) AIR Kant HCR 319 ::2008 (1) AIR Kar R 319 ::2008 A I H C 390 ::2008 (1) Arbi LR 296 ::(2008) 1 ArbiLR 296 ::2008 (1) MPLJ 78 ::(2011) 2 JCR 230 (MP) ::2008 (1) JabLJ 50 ::(2007) 4 MPHT 444

Madhya Pradesh High Court

Hon'ble Judge(s): A. K. Patnaik , C.J. AND S. S. Jha, A. M. Sapre , JJ

Madhya Pradesh Madhyastham Adhikaran Adhiniyam (29 of 1983) , S.11(6), S.2(4)— Arbitration and Conciliation Act (26 of 1996) , S.7, S.2(1)(i), S.3— Constitution of India , Art.254— Arbitration of disputes @page-MP6pursuant to arbitration agreement - Dispute rising out of works contract between State or its undertaking and Contractor - Works contract containing arbitration clause - Dispute has to be referred to arbitral Tribunal constituted under 1983 Adhiniyam - 1983 Adhiniyam is, therefore, covered by expression "Law for time being in force" in S. 2(4) of 1996 Act - Provisions of 1983 Adhiniyam are not repugnant to provisions of 1996 Act and are not void and do not stand impliedly repealed by 1996 Act - Application under S. 11(6) of 1996 Act is not maintainable. If a works contract, as defined in Section 2(1)(i) of the 1993 Adhiniyam contains an arbitration clause, either party to the works contract will have to refer the dispute to the Arbitration Tribunal as constituted under Section 3 of the 1983 Adhiniyam and cannot refer it to any other arbitrator for arbitration. The 1983 Adhiniyam and cannot refer it to any other arbitrator for arbitration. The 1983 Adhiniyam is, therefore, a law for the time being in force relating to arbitration pursuant to an arbitration agreement between the State Government or its undertaking and the contractor an....